GOPAL PRASAD, J.

Three appeals having been heard together are being disposed of by this common judgment as all three appeals arise out of the same judgment dated 22nd April, 1992, passed by the 2nd Additional District & Sessions Judge, Arrah in Sessions Trial No. 100 of 1981, by which the appellants have been convicted for offence under Sections 302/34 and sentenced to rigorous imprisonment for life.

2. The prosecution case as alleged in the First Information Report by the informant Jugal Singh (P.W.5) is that at about 10.00 A.M. while he was cutting grass in his field then he heard sound of cry of his brother Birju (deceased). He went to his Masuri field then saw appellants, Suresh, Bishwanath Singh, Prithbi Singh and Sidhnath Singh scuffling with his brother Birju. He caught the hand of Sidhnath Singh and asked him as to why they were doing so, then his brother disclosed that they were uprooting Masuri and on protest they were assaulting and scuffling on the said utterance Prithbi Singh commanded to assault and gave a lathi blow on the right hand of the informant and in the meantime Sidhnath got his hand freed from the informant and started assaulting the informant causin