Judgment

BEG, J. :- The appellants Raghunandan, Ganga Sahai, Ghalendra, Khem Singh and Sohan Singh, in the two Criminal Appeals now before us by special leave were tried by a Civil and Sessions Judge of Moradabad for various offences punishable under Sections 147, 148, 302, 307, 323 and 452 read with Section 149 Indian penal Code. Raghunandan was held guilty of the offence of murder by shooting one Sriram with a gun on 12-12-1969, at about 1 p.m. while the deceased was sitting in front of his cattle shed in his order courtyard and talking to Hari Singh, a neighbour, who was also injured by gun shots. The appellants Ganga Sahai and Sohan Singh were held guilty of offences punishable under Section 148 Indian Penal Code while Khem Singh and Ghalendra were found guilty punishable under Section 147 Indian Penal Code. All the appellants were held guilty of offences punishable under Ss. 307 and 323 read with Section 149 Indian Penal Code and Section 452 Indian Penal Code. But, no separate sentences were passed against any of the accused persons for these offences as Raghunandan was sentenced to death under Section 302 Indian Penal Code and the other four appellants were sentenced to life i