MIHIR KUMAR JHA, J.:–This appeal is directed against the judgment of conviction and sentence dated 18.7.1989 passed by the 5th Addl. Sessions Judge, Siwan in S.Tr.No. 11 of 1987, whereby and whereunder the five appellants, namely, Jitan Ri, Rabindra Rai, Kabindra Rai, Chandeshwar Rai and Rajeshwar Rai have been convicted under sections 302/149 and Section 147 of the Indian Penal Code and have been sentenced to undergo Rigorous Imprisonment for life as well as R.I. for one year respectively though both the sentences have been directed to run concurrently.

2. It has to be noted at this place itself that the trial court had also convicted co-accused Hira Rai and co-accused Ekbal Rai for offence under sections 302 and 148 of the Indian Penal Code sentencing them to undergo R.I. for life and also R.I. for two years but their appeal on account of their death during the pendency of this appeal has stood abated as recorded in the order of this Court dated 14.9.2011.

3. The prosecution case, in brief, as per First Information Report recorded at the instance of Suresh Singh (P.W.6) on 5.9.1986 at 2.30 P.M. is that on the same day at about 11 A.M. in the morning while he along with his brother

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