Vishnudeo Narayan, J.

1. This appeal has been directed by the appellants named above against the impugned judgment and order dated 22.12.1992 passed by Sri Anant Prasad Shrivastava, Judicial Commissioner, Ranchi at Circuit Court, Khunti in ST No. 70 of 1991 whereby and whereunder all the appellants were found guilty for the offence punishable under Section 302/149. IPC and they were convicted and sentenced to undergo RI for life. All the appellants except appellant Chono Singh Munda were also found guilty under Section 148, IPC and they were convicted and sentenced to undergo RI for two years. Appellant Chono Singh Munda was found guilty for the offence under Sections 147 and 323, IPC and he was convicted under both the counts but he was sentenced to under RI for two years for the offence under Section 147, IPC and no separate sentence for the offence under Section 323. IPC was awarded to him. Appellants Kishan Singh Munda and Jagarnath Singh Munda @ Jagarnath Munda were also found guilty under Section 324, IPC and they were convicted but no separate sentence was awarded for the offence under Section 324, IPC. However, sentences were ordered to run concurrently.

2. The prosecution case has arisen on the basis of fardbeyan (Ext. 4/1) of PW 8. Sahdeo Munda, the informant and son-in-law of Bahadur Singh Munda, the deceased of this case, recorded by ASI, R.K. Singh of Bundu P.S. on 20.10.1990 at 9.45 hours in Bundu Referal Hospital, District-Ranchi regarding the occurrence which is said to have taken place on 19,10.1990 at 17.00 hours at the house of the deceased in village Arradih, P.S. Bundu, District-Ranchi and a formal FIR (Ext. 5) was drawn at 10.30 hours on that very day and a case under Sections 147, 148, 149, 323 and 324. IPC was registered against the appellants and thereafter Bahadur Singh Munda aforesaid died in course of treatment on 26.10.1990 at R.M.C.H., Ranchi where he was referred for treatment and Section 302, IPC was added. The said FIR was received in the Court of A.C.J.M. on 22.10.1990.

3. The prosecution case, in brief, is that at the time of the occurrence the informant was sitting at the door of his house and on hearing the alarms he went to the door of Bahadur Singh Munda aforesaid and he saw all the appellants named above variously armed with lethal weapons surrounding the door of Bahadur Singh Munda aforesaid and they caught Bahadur Singh Munda and appellant. Lodo Singh Munda and Chono Singh Munda assaulted on the head of Bahadur Singh Munda by farsa and lathi respectively and Bahadur Singh Munda fell on the ground after having sustained the injuries! It is further alleged that PW 8, the informant along with PW 3, Pradhan Singh Munda, PW 9, Ramdhan Singh Munda and PW 5, Sukru Kumari attempted to rescue Bahadur Singh Munda and in that course of rescuing appellant Karam Singh Munda assaulted PW

9. Ramdhan Singh Munda by farsa causing injury on his right hand finger and appellant Chono Singh Munda assaulted PW 3, Pradhan Singh Munda by lathi causing injury on his head and he also fell down and appellant Jagarnath Singh Munda assaulted PW 5 Sukru Kumari by tangi (axe) causing injury on her right arm and appellant Kishan Singh Munda assaulted PW 8, the informant, by Jarsa causing bleeding injury on his left ear and thereafter due to the intervention of the villagers the appellants fled away from there and all the injured aforesaid including Bahadur Singh Munda were brought to Bundu Referal Hospital for treatment. It is also alleged that genesis and motive for the occurrence is that the appellants are the active members of the CPM party whereas the informant and others are the supporters of Jharkhand Mukti Morcha and the appellants used to pressurize them to support the CPM party whereas they are not willing to leave their Jharkhand Mukti Morcha party.

4. The appellants have pleaded not guilty to the charges levelled against them and they claim themselves to be innocent and to have committed no offence and