Surendera Narain Jha, J.-All the appellants have been convicted under section 302/34 of the Indian Penal Code and sentenced to undergo imprisonment for life. Appellant nos. I and 2 have further been convicted under section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life. Appellant nos. 1, 2 and 3 were further convicted under section 27 of the Arms Act and sentenced to undergo R. I. for four years.

2. Appellant nos. 1, 2, 3 and 6 were also convicted under sections 148 of the Indian Penal Code and sentenced to undergo R. I. for two years. Appellant nos. 4 and 5 were further convicted under section 147 of the Indian Penal Code and sentenced to undergo R. I. for one year. All the sentences were ordered to run concurrently.

3. Ram Parvesh Mahto (informant) PW. 4 made a statement at Jagdishpur police station within the district of Bhojpur on 25.8.82 at 2.30 AM that while he and his cousin Harnath Mahto (PW 3) were sleeping on a Chouki with Girdhari (deceased) in a hut at village Tenduni in front to the house of Jwala Mahto (PW 1) after returning from paddy field at 12.00 mid-night, all of a sudden the appellants came and surrounded them. It was further a