Judgment

UNTWALIA, J. - This is an appeal under S. 2 (a) of the SC (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 by three persons who are brothers. On the 10th of November, 1967 at about 7.00 A.M. an occurrence took place in a village near Barpeta in Assam. The prosecution case was that Shashi Mohan Sarma, a person who lost his life as a result of the assault on him, in the company of his elder brother Gopi Nath Sarma, P. W. 2, was proceeding to his field with some mustard seeds in a busket. Gopi Nath was going with some cattle to tether them in the field. When they proceeded to some distance Shashi Mohan was chased by the three appellants, appellant Bhaba Nanda Sarma who was aged about 20 years at the time of the occurence was armed with a lathi, appellant Phanidhar Sarma had a dolibari (a wooden hammer with a long handle) and appellant Harendra Nath Sarma carried an iron rod in his hand. They all chased Shashi Mohan. Shashi Mohan ran towards his brother Gopi Nath raising alarm. Bhaba Nanda caught hold of both the hands of Shashi Mohan from behind. Thereupon, Phanidhar gave him a blow on his head with the dolibari. Shashi Mohan fell down. Thereafter Harendra struck Sha