Sudhir Singh, J. – This criminal appeal has already been abated against the appellant Nos. 5 and 7 of Cr. Appeal (DB) No. 111 of 1996, as both of them died during pendency of this appeal.

2. Both the criminal appeals have been filed in the year 1996 i.e. 27 years ago. They arise out of common judgment of conviction and order of sentence dated 01.03.1996. Therefore, after being heard together, they are being disposed of by a common judgment.

3. By the judgment of conviction and order of sentence dated 01.03.1996, passed by Sri Sohailur Rahman, learned Sessions Judge, Madhubani in S.T. No. 160/81, arising out of Andhratharhi P.S. case No. 6/80, G.R. No. 519/80 the appellants, namely, namely Ram Bilas Mahto, Brahmdeo Mahto, Shiv Kumar Mahto and Feku Mahto (appellant Nos. 1, 2, 3 and 4 respectively) in Cr. Appeal (DB) No. 111 of 1996) have been convicted under Section 147 of the Indian Penal Code (for short ‘I.P.C.) and appellants Ramashis Yadav (appellant in Cr. Appeal (DB) No. 116 of 1996) and Harey Ram Mahto (appellant No. 6 in Cr. Appeal (DB) No. 111 of 1996) have been convicted under Section 148 of the I.P.C. Further appellant Ramashis Yadav has been convicted under Section 302/34 a