JUDGMENT

Bhan, J.-Seven persons Meharbansingh, A1, Pratap Singh, A2, Mahendra Singh A3, Uday Bhan Singh, A4, Nawab Singh, A5, Nirpat Singh, A6, and Jandel Singh, A7, were named in the First Information Report No. 246 of 1979 recorded at Police Station Dabara on 30th September, 1979 at 8.45 P.M. for the murder of Prakash which took place at Village Kheri, which is at a distance of 3 Km. from the Police Station. The First Information Report was lodged by Ramgopal Chipa, PW1, who was present at the place of occurrence when the incident took place.

2. A3 died during trial AND A6, who is convicted, has not preferred any appeal. We are told at the hearing that he has also since died.

3. A1 Meharbansingh and A2 Pratap Singh absconded. Their trial was separated from the other three accused.

4. Uday Bhan Singh, A4, Nawab Singh, A5, Nirpat Singh, A6 (since deceased) and Jandel Singh, A7 were tried in Criminal Trial No. 54/1980. They were convicted under Section 120-B, 147, 302 read with Section 149 of IPC. They were sentenced to one year R.I. under Sections 120-B, 147 and for life under Section 302/149 I.P.C. by the judgment of Additional Sessions Judge, Gwalior dated 15.09.1980. Aggrieved again