Sunil Dutta Mishra, J. – Heard learned counsel for the appellants and learned Additional Public Prosecutor for the State.

2. This appeal has been preferred by the aforesaid appellants under Section 374(2) of the Code of Criminal Procedure against the judgment of conviction dated 29.06.1996 and order of sentence dated 01.07.1996 passed by learned 1st Additional Sessions Judge, Madhepura in Sessions Trial No. 136 of 1989 whereby and whereunder appellants, namely, Narain Sah, Yogendra Sah, Hari Nandan Sah and Shambhu Sah have been convicted under Section 302 read with Section 149 of the Indian Penal Code (hereinafter referred as I.P.C). They have also been convicted under Sections 323, 147 and 447 of I.P.C. The appellants have been sentenced to undergo rigorous imprisonment for life and it was ordered that the period of imprisonment undergone during investigation and trial of the case shall be set off.

3. The prosecution story, in brief, is that on 11th June, 1987 at about 6:00 a.m. the informant Sukh Sagar Paswan along with his brother Raj Kishore Paswan (deceased) and bullocks reached at his field to plough his field. His brother Raj Kishore Paswan started tilling his land and the inf