Judgment

GROVER, J.:- This is an appeal by special leave from a judgment of the Allahabad High Court.

2. Ram Narain and seven others were tried by the Sessions Judge, Barabanki, on charges under Sections 302/149, 325/149, 323/142 and 147, Indian Penal Code. They were all acquitted. The State preferred an appeal to the High Court. The High Court set aside the acquittal of Ram Narain, Jag Mohan, Hari Prasad and Ghasity and they were convicted under sections 302/34, 325/34, 323/34 and 147, Indian Penal Code, and were sentenced to imprisonment for life, three years rigorous imprisonment, one year s rigorous imprisonment and one year s rigorous imprisonment respectively, under the four counts. The acquittal of Sri Ram, Rahim Bux, Ram Saran and Ram Lakhan under S. 302/149 was upheld but each one of these persons was convicted under Ss. 325 and 323 read with S. 149 as also under S. 147 of the Indian Penal Code. They were awarded the same sentences as the others on charges under these sections. The sentences in the case of all the convicted persons were to run concurrently. The present appeal has been filed by all the eight convicted persons.

3. According to the case of the prosecution there