JUDGMENT

Santosh Hegde, J.-The appellant has preferred this appeal against the judgment of the High Court of Allahabad in Criminal Appeal No. 678 of 1980 wherein the High Court while partly allowing the appeal of 5 other appellants by altering their conviction from section 302 read with section 149 to one under section 324 IPC confirmed the conviction and sentence imposed on this appellant for an offence punishable under section 302 read with section 149 as also for offences punishable under sections 148 and 147 IPC. Brief facts necessary for the disposal of this appeal are as follows:

2. Rani Bitti, PW-1 along with her son Satti was residing in village Sahanipur within the jurisdiction of Police Station Hussainganj. It is alleged that the said Satti was married about 6 years ago but his wife stayed with him only for a short time and thereafter deserted him. PW-1 and her son Satti suspected this desertion by Satti s wife was at the instance of Ram Piare A-1 hence entertained some grudge against him. It is further stated that about 1 month prior to 21.7.1978 said PW-1 had sold some sugarcane leaves worth about Rs. 50 on credit which amount A-1 had not paid to her. Prosecution further