JUDGMENT

R.C. Lahoti, J.-Ram Swarup, Raja Ram, Babu Ram, Deshraj and Dularey Prasad, the five accused persons were tried on charges under Sections 302/149, 148 and 147 IPC. The Trial Court convicted Ram Swarup and Raja Ram for the offences under Sections 148 and 302/149 IPC and sentenced them to suffer two years rigorous imprisonment and imprisonment for life respectively. Babu Ram, Deshraj and Dularey were convicted under Sections 147 and 302/149 of IPC and sentenced respectively to one year s rigorous imprisonment and imprisonment for life. All the accused persons preferred an appeal before the High Court. The High Court has held the accused Dularey not to have participated in the incident at all and therefore there was no unlawful assembly of the accused persons. Accordingly, Dularey Prasad has been completely exonerated and acquitted. The conviction of all other accused persons insofar as referable to Sections 147, 148 and 302/149 IPC has been set aside. Instead Ram Swarup, Raja Ram, Babu Ram, Deshraj have been held guilty of an offence punishable under Section 302/34 of IPC and sentenced to imprisonment for life each. Feeling aggrieved by their conviction as ordered by the Hig