Judgement

DUA, J. : - The five appellants in this appeal by special leave were tried along with ten others in the court of the Sessions Judge, Mirzapur for various offences. Chandrika Prasad Singh, appellant No. 1 in this Court, was charged under Section 302, I. P. C. for committing the murder of one Ram Sajjan Singh. He was also charged, along with the remaining co-accused, under Sections 302/149, I. P. C. for the same murder. All the accused were further charged under Section 379, I. P. C. All the five appellants, along with some others out of the accused persons, were in addition charged under Section 148, I. P. C. Seven accused persons none of whom is before us, were separately charged under Section 147, I. P. C. Appellant Raj Nandan Singh, Bilat Singh, Ram Binod Singh were separately charged under Section 324, I. P. C. for voluntarily causing simple hurt to Shri Sambhu Prasad Singh. The trial court convicted Chandrika Prasad Singh under Section 302, I. P. C. and sentenced him to imprisonment for the life because the murder was not considered to be a premeditated one. While dealing with the charge under Section 302/149, I. P. C. the trial court felt that the five appellants, alo