JUDGMENT

MOHAN M. SHANTANAGOUDAR, J.

The common judgment dated 23.05.2013 passed by the High Court of Judicature at Patna in Criminal Appeal Nos. 221/1990, 225/1990 and 239/1990 confirming the judgment of conviction dated 11.06.1990 and sentence dated 12.06.1990 passed by the 7th Additional Sessions Judge, Bhagalpur is questioned in these appeals.

2. The case of the prosecution in brief is that while the informant, Meghu Pandit, PW2 was carrying soil that he had dug from a Gairmajarua land lying to the north of his house for the purpose of manufacturing earthen pots along with his wife, the fifteen accused accosted them in a group; hence, PW2 and his wife ran away towards their house out of fear, but were chased even to their house. The accused Brahamdeo Chaudhry also fired three gunshots in the air, and threatened to kill any villager who came forward. The informant, PW2 and his wife hid in their house and closed the doors, whereafter the aforesaid members of the unlawful assembly unsuccessfully tried to enter PW2’s house by breaking the doors and also set part of it on fire. It is further alleged that all the accused caught hold of PW2’s nephew, Ambika Pandit, who was working in hi