JUDGMENT

K. JAYACHANDRA REDDY, J.:— This appeal is directed against the judgment of the High Court of Allahabad confirming the convictions and sentences awarded to the four appellants by the trial court. These four appellants along with two others were tried for offences punishable under S. 302 read with S. 149, S. 324 read with S. 149, S. 325 read with S. 149 and S. 323 read with S. 149, I.P.C. The trial Court convicted the four appellants herein under S.302 read with S. 149 and sentenced each of them to undergo imprisonment for life. They are also convicted under Ss. 147, 148 and S. 324 read with S. 149, I.P.C. The trial Court acquitted the other two accused. The convicted accused as well as State preferred appeals. The High Court while dismissing the appeal by the State converted the convinction of the other four namely appellants herein to one under S. 304, Part II read with S. 149 and sentenced each of them to undergo rigorous imprisonment for a period of five years. The other minor convictions and sentences were confirmed and thus partly allowed the appeal. Being aggrieved by the same they have preferred this appeal.

2. Learned counsel for the appellants contended that the Hig