JUDGMENT

P.P. Naolekar, J.-Leave granted in S.L.P. (Crl.) No. 2238 of 2004.

2. Both these appeals arise out of the same incident for which all accused persons have been convicted and sentenced. The accused/appellants were tried for the offence along with two other accused persons namely, Dharm Raj Pandey and Shradha Ram. Raghunath Pandey-accused/appellant has been convicted under Section 302 of the IPC and awarded sentence of life imprisonment. He was further convicted and sentenced to two years RI under Section under Section 148 IPC and 27 of the Arms Act. The accused/appellants Parshuram Pandey, Bishram Pandey and Somaru Pandey together with the other accused (non-appellants) have been convicted and sentenced to life imprisonment under Section 302 read with Section 149 of the Indian Penal Code and two years RI under Section 148 of the IPC. Parshuram Pandey, Bishram Pandey together with Dharmraj Pandey (non-appellant) have been further convicted and sentenced to 5 years RI under Section 307 for attempting to murder Rajendra Dusadh, Hriday Shankar Rai, Shampu Kumar Singh, Mathura Singh and Rajesh Singh and one year RI under Section 27 of the Arms Act. All these sentences have been or