JUDGMENT

S.N. Phukan, J.-This appeal is by the accused persons against the judgment and order of the High Court of Allahabad by which the High Court after setting aside the order of the acquittal convicted five appellants namely Ram Swarup, Parmeshwar Din, Radhey Shyam, Anant Ram and Satya Dev under Sections 148, 302/149 and 307/149 IPC. They were sentenced to life imprisonment under Sections 302/149 IPC and five years rigorous imprisonment under Sections 307/149 IPC. They were also sentenced to one year rigorous imprisonment for the offence under Section 148 IPC. Sentences were to run concurrently.

2. Briefly stated the prosecution case is that on 6.9.1977 at about 6.30 a.m. Rameshwar, had gone to his grove where he was confronted by the accused who were armed with deadly weapons, accused Ram Swarup had a gun, Parmeshwar had Kanta, both Anant Ram and Satya Dev had Sooja and Radhey Shyam had Kanta. It has been alleged by the prosecution that accused had earlier enmity. Rameshwar ran towards the house raising alarm and he was chased by accused. When he reached near his house his father Jagannath and brother Raja Ram came out from the house raising alarm. Two other brothers of Rameshwa