Manisana, J. :- This appeal arises from the judgment and order dt. 6-3-1979 passed by the learned Sessions Judge Nowgong in Sessions Case No. 61 (N) of 1977 convicting the appellants under S. 302 r/w S. 34, IPC and sentencing each of them to undergo R. I. for life.

2. The case of the prosecution is that the accused Kotia Bora is the brother of the deceased Loyram Bora. The accused Prafulla Bora, Bipul Bora alias Baba and Promode Bora alias Bup are sons of the accused Kotia. Accused Sibaram Bora is son of the maternal uncle of Prafulla. PW5 Senahi Bora is the mother of the accused Kotia and the deceased Loyram. PW 6 Krishna Bora is son of deceased Loyram. PW7 Renumai is daughter of the deceased. At the time of occurrence, the homestead land of the accused was situated contiguously to that of the deceased. On 12-5-1976 at about 8.30 p.m., Loyram heard Kotia's wife abusing him when he was returning his home after attending a meeting. Loyram enquired of his son Krishna (PW 6) and daughter Renumai (PW 7) as to what has happened. They reported that Kotia's wife was abusing him as their cattle damaged the seedlings of Kotia. Loyram went to his cow-shed to see his cattle and at tha