Both these appeals have been heard together with the consent of the parties, since they arise out of a common judgment, and are being dispose" of by this common Judgment which will govern both the appeals. There were nine accused persons on trial. Accused Aslam Mian and Anjar Mian are appellants 1 and 2 respectively in Cr. Appeal no. 594/83, whereas rest of tae accused persons have filed separate appeal, which has been numbered as Cr. Appeal No. 582/23. They are Basir Mian; Nonajir Mian, Nanhu Mian, Alam Mian, Jumman Mian, Mumtaj Mian and Jalo Mian.

2. All the appellants, i.e., the appellants of Cr. Appeal No. 582/83 and Cr. Appeal No. 594/83, who are nine in number as stated above, have been convicted for the offence under section 302, read with section 149, of the Indian Penal Code (hereinafter referred to as 'the Code') and each of them have been sentenced to undergo rigorous imprisonment for life. Appellants Anjar Mian and Aslam Mian have been convicted under section 302 of the Code also and each of them have been sentenced to undergo rigorous imprisonment for life under this count as well Appellant Aslam Mian, Anjar Mian Basir Mian and Monajir Mian have further been convicted under section 27 of the Arms. Act, and each of them have been sentenced to undergo rigorous imprisonment for two years. Appellants Aslam Mian Anjar Mian, Basir Mian, Monajir Mian, Mumtaj Mian and jafo Mian have further been 'convicted under section 149 of the Code and each of them have been sentenced to undergo rigorous imprisonment for one year. Appellant Aslam Mian, Nonajir Mian, Nandu Mian and jumman Mian have also been convicted under section 323 of the Code and each of them have been sentenced to undergo rigorous imprisonment for one year. Besides, appellants Basir Mian and Monajir Mian have also been convicted under section 307 of the Code and sentenced to undergo rigorous imprisonment for seven years each. Appellant Basir Mian has also been convicted under section 326 of the Code, but no separate sentence has been awarded for this offence All the sentences awarded against the appellants by the learned trial court have, however been ordered to run concurrently.

3. According to the prosecution case the place of occurrence lies in the market of village Chandra dip which is situate within the jurisdiction of Sikandara Police Station in the district of munger, whereas the two deceased and the victims of this case as well as the prosecution witnesses belong to village Anjunar situate within Pakri Barama Police Station in the district of Nawadah, which is at a distance of 1½ k.m. from the place of occurrence. Some persons of village Anjunar have their shops in Chandradip Market.

4. On 7/5/1982 at 9 A.M. while P.W.10 Indradeo Singh (informant) of village Anjunar was sitting in his grocery shop at Chandra dip Chowk, appellant Aslam Mian @ Aslam Mukhiya came to his shop and enquired about the price of ‘Chohara’ P.W.10 Indradeo Singh disclosed the price of the same @ Rs. 25/- per k. g. At this appellant Aslam Mian told him (P.W. 10) that the price of 'Chohara' was only Rs. 22/- per k. g. whereas he (P.W. 10) was selling the same at a higher rate of Rs. 25/-- per kg. On account of this there was some altercation between the informant (P.W.10) and appellant Aslam Mian. Allegedly in the meantime. appellant Juman Mian and appellant Basir Mian of the Same village, i.e., Chandradip also came there and joined hands with appellant Aslam Mian, who became infuriated and ordered appellants jumman Mian and Basir Mian to assault, P.W. 10 Indradeo Singh, as he was selling 'Chohara' @ R,. 25/-- per k. g. instead of Rs. 22/- per k. g, consequently, appellant Jumman Mian deal to lathi blow on the left part of the head of Indradeo Singh (P.W.10) causing bleeding injury. On the call being Given by appellant Aslam, appellants Nanhu Mian, Manajir Mian and Aslam Mian came there. They entered into the shop of P.W.4 Ram' Sharan Singh and badly assaulted him with lathi at