BRAJ NANDAN PRASAD SINGH, J. - (1.)THOSE who had gone for worship in a temple could not have anticipated the tragedy that had be fallen on them, as in a killing spree that followed thereafter, while three were gunned down, those who survived, became eye -witnesses of the incident. Precisely, the case of the prosecution was that on fateful day of 30th June, 1994, Bipin Bihari Yadav (PW 2), Sudhir Kumar Yadav (PW 3) and Putul Kumar Yadav (PW 6) had gone in the company of the three deceased, namely, Brahmanand Yadav, Kunj Bihari Yadav and Kapildeo Yadav for worship in a temple and during their return, when they came at the outskirt of village Makaspur, they noticed appellants and others emerging from a place, below the bridge holding arms and, when they pounced upon them, they ran for safety. It was alleged that on exhortation made by Manager Yadav and Dhananjay Yadav, Dhananjay Yadav shot dead Brahmanand Yadav on apprehension by Mutuk Yadav and Udai Yadav, pursuant thereto, Dilip Yadav allegedly shot dead Kunj Bihari Yadav on his apprehension by Prakash Yadav and Mantu Yadav and similar accusations were attributed to Manager Yadav for apprehending Kapildeo Yadav, who was shot dead by Lallan Yadav. Those who witnessed gruesome killing of their companions, ran to the village to narrate their woes, and after they again came to the place of occurrence, noticed dead bodies lying there.
(2.)POLICE Officer shortly, within two hours of the incident, happened to reach the place of occurrence, when fardbeyan of Sudhir Kumar Yadav (PW 3) had been recorded there and investigation followed, in course of which, Police Officer prepared inquest report over the dead bodies of the deceased, collected empty shells of cartridges, noticed marks of blood at the place of occurrence, sent dead bodies to mortuary, recorded statement of Bipin Bihari Yadav, Putul Kumar Yadav, Surya Narain Yadav, Ram Pravesh Yadav and Bulbul Yadav on the following day of the incident itself, took steps for apprehension of the appellants and others, who were absconding, and eventually laid charge -sheet before the Court. A good number of witnesses, both on behalf of the State and the defence had been examined at trial, and documents too which are quite large in numbers were placed on the record on behalf of the defence, ostensibly to counter accusations attributed to the appellants and others.
Defence of the appellants had been that many a persons of the adjoining villages were hostile to the deceased, they having criminal antecedents, for their, teasing female members during their visit at Gonudham. However, trial Court minutely considered every details and considering their defence, while acquitted Pappu Yadav alias Ashwani Yadav and Bijay Yadav, also recorded yerdict of acquittal against Uday Yadav, and Manager Yadav, considering their plea of alibi and also recorded finding of acquittal also against Mantu Yadav, Prakash Yadav and Matuk Yadav, due to insufficiency of evidence operating adverse to them, and it is how that the appellants alone out of ten persons, who were put on trial, suffered conviction, who were sentenced to various terms of imprisonment by the trial Court which have been fairly spelt out in the judgment of the Court below.

(3.)SINCE manifold contentions were raised on behalf of the appellants to assail the findings recorded by the Court below, lest we do not loose sight of them, we consider it proper to discuss narratives of the witnesses which are not in much details. Reiterating his earliest version about appellants and others pouncing upon them, when he along with Bipin Bihari Yadav, Putul Kumar Yadav and three deceased had reached at outskirt of village Makaspur, Sudhir Kumar Yadav (PW 3) states that shortly thereafter Dhananjay Yadav had shot Brahmanand Yadav on his apprehension by Uday Yadav and Mutuk Yadav. Narration quite in terms of his earliest version was made by him about Dilip Yadav having shot dead Kunj Bihari Yadav on his apprehension by Prakash Yadav and Mantu Yadav and similar accusations were attributed to Manager Yadav for apprehending Kapil Yadav who was shot dead by Lallan Yadav. The trial Court has broadly classified material witnesses who are on the incident, in two sets, as while Suraj Narain Yadav (PW 1) and Bulbul Yadav (PW 7) happen to be witness about appellants and others speedily going towards place of occurrence carrying arms with them, Ram Pravesh Yadav (PW 4) happens to be witness about their retreat from the place of occurrence carrying arms with them. We may mention Bulbul Yadav (PW 7) who states that while he was sowing seeds in the field, he noticed appellants and others going towards Gonudham with firearms and shortly thereafter, after 45 minutes he had heard sounds of firing. We may notice narratives of Surya Narain Yadav (PW 1), who says that while he was working in the field which is a bahiyar in village Makaspur, he noticed appellants and others speedily going to south with firearms, and shortly thereafter he heard sounds of firing and noticed these persons retreating with firearms. He being scared came to village and learnt about killing of Brahmanand Yadav, Kunj Bihari Yadav and Kapil Yadav. He too ran to the place of occurrence where they lay dead. As for Ram Pravesh Yadav (PW 4), at a distance of about 500. yards east to the bridge, where the appellants and others had emerged holding arms, he was grazing cattle when he noticed appellants and others going towards east in haste carrying firearms with them. They were talking about having accomplished some work that day, and he could know about the incident only when he came to his house with cattle, some times darkness had set in.