JUDGMENT

The appellants are A-1, A-4 and A-5, Malkhan Singh, Vishwanath Singh and Vishram Singh. They along with four others were charged with an offence under S. 302 read with S. 149 and other offence. The trial court convicted six accused. The case was separated as against one Hardas who has been absconding. They were convicted under S. 302, IPC read with Ss. 149 and 148 and sentenced to undergo rigorous imprisonment for life and rigorous imprisonment for two years respectively. In addition A-1 also was convicted for an offence under S. 404, IPC and was sentenced to undergo rigorous imprisonment for one year. All the sentences were directed to run concurrently. On appeal, the High Court confirmed the convictions and sentences of the appellants. It acquitted Raghunath Singh, Tahar Singh and Gajraj, A-2, A-3 and A-6 respectively. Their acquittal appears to have become final since the State is not able to state Whether it filed any appeal. Therefore, we are concerned with the appellants in this case.

2. It is the case of the prosecution that Jawaharlal, the deceased, PW 1 Motilal, PW-3 Rameswar were going together in a. Tonga to Atta. When they reached near the bus stand at Atta, at