JUDGMENT

Rankin, J. - In this case there are 5 appellants. They have been convicted by the learned Sessions Judge of Assam Valley Districts sitting with a jury of seven. There had been a previous trial and the case was sent back by this Court to be re-tried. The jury on this occasion were unanimous.

2. They have found all the appellants guilty u/s 302 read with Section 149, Indian P.C. Three of them have also been found guilty u/s 302 by itself while the other two have been found guilty u/s 324.

3. The fifth appellant, Rasir Haji, is the father of Appellants 1, 3 and 4, Aimaddy, Johifaddy and Rahimaddy. The second appellant, Sayad Ali, is a friend and neighbour.

4. The occurrence took place between 8 and 9 a.m. on the 7th March 1925. According to the prosecution it took place at the S.E. corner of the patta land of one Kimu where it abuts upon some khas land of which Basir and Sayed Ali were wanting to get settlement from Government. According to the defence it took place to begin with the E of Kimu's land and upon the adjacent plot of khas land marked N upon the plan. The prosecution story is that Kimu was erecting a hut at the S.E. corner of his own land when the accused with others