Sudhir Singh, J.—Heard the learned counsel for the appellants and learned counsel for the State.

2. These criminal appeals arise out of same judgment of conviction and order of sentence, hence they have been heard together and are being disposed of by this common judgment.

3. The criminal appeals have been preferred against the judgment of conviction and the order of sentence dated 28.08.1995 passed by Shri Damodar Prasad, learned 1st Additional Sessions Judge, Arrah in Sessions Trial No.297 of 1980 arising out of Koilwar (Chandi) P.S. case No.3(1) of 1979, whereby and whereunder the appellants Sri Kishun Thakur and Ram Lal Mahto of Criminal Appeal (DB) No.270 of 1995 have been convicted under Sections 147 and 302/149 of the Indian Penal Code (referred to ‘I.P.C.’) and sentenced to undergo rigorous imprisonment for one year under Section 147 of I.P.C. and rigorous imprisonment for life under Sections 302/149 of I.P.C. The Trial Court also convicted the appellant Hariman Ahir @ Hariman Yadav of Criminal Appeal (DB) No.301 of 1995, appellant Lallan Mahato of Criminal Appeal (DB) No.307 of 1995 and appellants Bishundhari Dusadh and Yogendra Dusadh of Criminal Appeal (DB) No.337 of 1995 under Sections 148 and 302/149 of I.P.C. and sentenced to undergo rigorous imprisonment for two years under Section 148 of I.P.C. and undergo rigorous imprisonment for life under Sections 302/149 of I.P.C. All the sentences have been directed to run concurrently.

4. The prosecution case, as per the fard beyan of informant Chandeshwar Singh recorded on 04.01.1979 at 5:00 a.m. before the Officer Incharge of Koilwar Police Station in front of the house of Ram Kareshan Singh (deceased) is that, in the preceding evening i.e. on 03.01.1979 at about 6:30 p.m., while he was sitting at the darwaja of Sripati Singh, his co-villager Kathari Ahir armed with pistol, Sukhal Ahir armed with garasa, Hariman Ahir armed with bhala, Ramakant Dusadh armed with katta, Ramautar Dusadh armed with pistol, Bishundhari Dusadh armed with katta, Yogendra Dusadh armed with bhala, Chandrika Dusadh armed with pistol, Ram Lal Mahto armed with lathi, Srikishun Thakur armed with lathi, Jarishri Kahar armed with garasa, Lallan Mahto armed with farsa and other accused persons armed with deadly weapons were raising slogans “Enclab Naxalbari Jindabad” and were moving towards north. The informant identified all the accused persons in the light of torch flashed by the accused. The informant alongwith Sripati Singh, Gupteshwar Singh, Bharat Singh and others also followed them. The accused persons reached the house of Ramdeo Singh. It has been further stated that Kathari Ahir and Sukhal Ahir climbed on the roof of the house of Ramdeo Singh and they were dismantling tiles. They also set fire in the southern side of the house of Ramdeo Singh. All the accused persons surrounded the house of Ram Kareshan Singh from all sides and they were raising hulla and abusing Ramdeo Singh. They were saying Ramdeo Singh to come out from the house, otherwise his whole family would be eliminated. The informant and others forbade the accused persons, who were Nexalites, from doing such act. Thereupon, the accused persons also chased them with a view to kill and opened four rounds of fire. The informant and others left the place out of fear and reached near his house and raised hulla to assemble, as the Naxalites had surrounded the house of Ram Kareshan Singh and they have set fire in the house and were also killing the inmates of the house. The informant alongwith others again went near the house of Ram Kareshan Singh, but because of indiscriminate firing made by Naxalites, none of them reached the house of Ram Karesan Singh. Thereafter, the informant saw the accused persons and 50-60 other criminals running away from the house of Ram Kareshan Singh towards north. The informant and others went inside the house of Ram Kareshan Singh, but they did not find anyone inside the house. They also found blood stains on t