The appellants who were variously charged for murder and other ancillary offences have been convicted and suitably sentenced. Appellant Deo Narayan Rai has been convicted under section 302 of the Indian Penal Code and other appellant under section 302/149 of the Penal Code. Appellant Ram Nandan Rai has also been convicted under section 307 and 148 of the Indian Penal Code and section 27 of the Arms Act, Other appellants except Ram Nandan Rai have been convicted under section. 147 of the Indian Penal Code).

2. In an occurrence taking place on 13.12.1976 at village Narhi, P.S. Sahar in the district of Bhojpur one Ramjanam Rai was killed and one Jwala Rai sustained gun hot injury. According to the prosecution when the resident of village Narhi came to know about the assault upon Ram janam Rai and Jwala Rai they assembled and some of the members or he accused party sustained injuries at their hands in which two persons namely, Pradip Rai and Rajendra Rai were killed and some sustained injury.

According to the defence Pradip Rai and Rajendra Rai, were killed in the same occurrence and some of the members of the accused party sustained injuries at the hands of the member of the P