This appeal, apart from other disturbing feature, also involves a consideration of the conduct of the prosecution in not examining the investigating officer despite summons issued by the Court, Appellant no. 1 has been convicted under section 302/149 and appellant no. 2 has been convicted under section 302 of the Indian Penal Code and both of them have been sentenced to undergo rigorous imprisonment for life.

2. On 17th June, 1977 Prayag Singh (p.w. 7), according to the information lodged by him with the police, went too see his land in Baluediara along with his father Ram Nagina Singh and co-villagers Lallan Singh (P.W.4) Babban Singh (P.W.6) and Kamal Singh (P.W. 5). They reached at the filed at about A.M. At that place they saw the appellants and other accused persons harvesting the paddy. They protested and the harvesters left the filed and went towards north. The informant and others however proceeded towards west in the diary, but the appellants and others forming unlawful assembly came with the respective arms and fell upon them. Appellant Mannan Mian assaulted the informants father Ram Nagina Singh with bhala. Ram Nagina Singh fell down but Amsad Mian gave a garasa b