S.H.S. ABIDI, J.

1. All the appellants have come to this Court against the order of conviction and sentences passed by the trial court. Appellant, Sattan Mandal has been convicted for the offence under section 302 of the Indian Penal Code (for short IPC) and sentenced to undergo rigorous imprisonment for life and the appellants, Sattan Mandal, Garbhua Mandal, Dashrath Mandal and Laddu Mandal have been convicted under section 302/149 IPC and sentenced to undergo rigorous imprisonment for life. The sentences awarded to appellant Sattan Mandal have been ordered to run concurrently. Three other accused Amrit Mandal, Sree Mandal and Arjun Mandal have died during the course of trial.

2. The case of the prosecution in brief, is that on 16.12.1975 the informant Dukhan Yadav had gone to Nathnagar Bazar and his brother Sarmi Yadav and his (Sarmi's) friend Kameshwar Singh had gone to Civil Court, Bhagalpur. In the evening at about 5 P.M. they were returning from Nathnagar along with villagers Darbi Yadav, Gaini Yadav, Satya Narain Yadav and Chamru Yadav. They boarded on a boat to cross the river Jamunia and at the same time, Amrit Mandal, Sattan Mandal, Laddu Mandal and Dashrath Mandal,