JUDGMENT

FAIZAN UDDIN, J. - The appellants Mani Ram, Agya Ram, Ramjiyawan, Kewal, Sant Ram, Siyaram and Janjali were charged and tried under Sections 147, 148 and 302/149 of the Penal Code for committing the murder of one Basdeo at about 4.00 p.m. on 27-1-1978. The learned IVth Additional Sessions Judge, Basti in Sessions Trial No. 195 of 1978 convicted the appellants Mani Ram and Agya Ram under sections 148 and 302 read with Section 149 of the Penal Code and sentenced them to undergo rigorous imprisonment for two years and life imprisonment respectively while the remaining appellants, namely, Ramjiyawan, Kewal, Santram, Siyaram and Janjali were convicted under section 147 and 302 read with Section 149 of the Penal Code and each one of them was sentenced to undergo rigorous imprisonment for one year and life imprisonment respectively. All the sentences were directed to run concurrently. These sentences and convictions awarded to the appellants have been affirmed by the High Court of Allahabad in appeal against which this appeal by special leave has been directed.

2. The prosecution case as it emerges from the FIR Ext. Ka-2 lodged by the informant Prabhoo Nath, PW 2 on 27-1-1978 at 6