JUDGMENT

G.N. Ray, J.-All these appeals arise out of a common Judgment dated March 31, 1987 passed by the Patna High Court in Criminal Appeal No. 390 of 1985 (Uday Prasad and two others v. State of Bihar) and Criminal Appeal No. 382 of 1983 (Sheoji Parsad v. State of Bihar) arising out of the judgment dated July 18, 1983 passed by the learned 4th Additional Sessions Judge. Arran in Sessions Trial No. 314 of 1981. By the impugned Judgment, the High Court has dismissed both the appeals and convictions and consequential sentence passed by the learned Additional Sessions Judge against the convicted appellants were affirmed by the High Court.

2. The four accused namely Sheoji Prasad (A/1), Udai Prasad (A/2). Parameswar Parsad (A/3) and Behari Prasad (A/4) stood charged under Section 302 read with Sections 149 and 34 I.P.C. for being members of an unlawful assembly with the common object and common intention to commit murder of one Lal Babu on April 5, 1980 at about 1.00 P.M. at Arran town. The accused No. 2 Udai Prasad was further charged under Section 302,148 I.P.C. and Section 27 Arms Act. The accused Nos. 3 and 4 namely Parmeswar Prasad and Behari Prasad were also charged under Secti