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 Prosecution party.

3. About 5 bighas of land which were divided in sub plots were claimed by the informant Nathuni Rai (P.W. 10) and others on the basis of inheritance from the recorded tenants. The record of right recognized appellant Deo Narain Rai and Baliraj Rai (since deceased) as tenants. Proceeding under section 144 of the Code of Criminal Procedure was started and disposed of restraining the informant party. But a fresh proceeding under section 144 of the Code of Criminal Procedure was started on the basis of a police report and both parties were restrained and notice to the said effect, according to the persecution, were served upon them on 29.11. 1975. On some of the disputed plots paddy crop was grown which was ripe for harvesting. On 13.12.1976, according to the prosecution, appellants and other including Pradip Rai and Rajendra Rai, were getting the paddy harvested through 20-25 labourers. Since the paddy crop was grown by the informant and others the informant approached one Ramjanam Rai, a respectable person of the village for exercising his influance to stop the accused persons from harvesting the paddy. Ramjanam Rai came on the field and asked the accused persons to desist from harvesting. The accused persons, however, insisted as alleged, appellant Ram Narain, Rai ordered and Pradip Rai gave a Halo. blow on the stomach of Rajendra Rai. Appellant Deo Narayan Rai thereafter struck on the head of Ramjanam Rai 3-4 times with Khanti. Appellant Ram Nanden Rai fired a shot with country made pistol upon Jwala Rai (P.W. 7) and caused several pellet injury on him. After committing the assault the accused persons started fleeing towards north. Enraged by the killing of Ramjanam Rai who was a respectable person of the village several villagers pounced upon the accused persons and in the ensuing fight Pradip Rai and Rajendra, Rai were killed. Information about the Occurrence was given by the informant (P.W.10) at Sahar Police Station at 7 P.M. only about two to three hours after the occurrence. But the Sub-Inspector of Police Shayam Bihari Prasad (since dead) was in collusion with the defence and so he did not mention the name of Bishwanath Singh (the brother-in-law of the informant Deo Narayan Singh, appellant of the counter case). This gave rise to a protest petition.

4 According to the counter version no notice of any fresh proceeding under section 144 of the Code of Criminal Procedure was served upon any of the appellants. The prosecution party was harvesting the paddy crop for which the appellants forbade. The members of the prosecution party including the informant then started assaulting the members of the defence party and killed Pradip Rai and Rajendra Rai and caused injuries to several other persons. A copy of the first information report