(1.) The appellants have preferred this appeal against the judgment and order dated 31-3-1987 passed by Additional Sessions Judge, VI, Gaya whereby they have been convicted for the offence under Section 302/149 of the Indian Penal Code and have been sentenced to undergo imprisonment for life. Appellant No. 3 Nanheshwar Singh and Appellant No. 4 Rajnandan Sao have further been convicted for the offence under Section 426 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for one month.
(2.) The prosecution case is that one Bhikhari Singh gave his statement at the police station on 13-10-1979 that at about twelve noon he was irrigating the field from Harbanshpur pan. His uncle, Gudri Singh was on the pan. People of the village were also irrigating their field. Bhikhari Singh with gun, Manar Singh and Triveni Singh with bhala, Jhalku Singh with garasa, Bhagwan Sao with lathi, Nanheshwar Singh and Rajnandan Sao with spade came there. Bhikhari Singh asked Gudri Singh to leave the place which he refused. Nanheshwar Singh and Rajnandan Sao started cutting the pan. Gudri Singh proceeded and asked them not to cut the pan on which Bhikhari Singh fired on him causing in jury on his person due to which he fell down. Manar Singh, Jhalku Singh and Bhagwan Sao thereafter assaulted him with bhala, garasa and lathi respectively. He raised alarm, Halkhori Singh, Yugal Yadav Bhaglu Singh and Faudar Singh of his village came there. Triveni Singh assaulted Faudar Singh with bhala. Thereafter, many people of the village came. His uncle, Gudri Singh, died on the spot.
(3.) On the aforesaid statement first information report was registered, investigation was taken up and on completion of investigation charge-sheet was submitted only against six persons. Jhalku Singh was not sent up for trial. On receipt of the charge-sheet congnizance was taken and the case was committed to the court of sessions for trial. During the trial Bhikhari Singh and Manar Singh died. The trial court convicted the appellants as indicated above.