JUDGMENT

N.P. SINGH, J.:- This appeal has been filed on behalf of the five appellants. The five appellants, along with Ram Pyare, Ram Kishore and Raj Kumar were convicted by the Additional Sessions Judge, Banda, on 13-3-1976 in Sessions Trial No.55A of 1975 under Sections 302 read with 149, 147 and 323 read with 149 of the Penal Code. They were sentenced to undergo imprisonment for life under Sections 302 read with 149, two years R.I. under Section 147 and one year R. I. under Sections 323 read with 149. The sentences were directed to run concurrently. Being aggrieved by the judgment of the trial Court, appeals were filed on their behalf, before the High Court. It appears that P. N. Bakshi and P. N. Harkauli, JJ. heard the said appeals. According to Bakshi, J. the charges levelled against all the eight accused persons had been established beyond all reasonable doubt and on that finding he upheld their conviction and sentence. Whereas according to Harkauli, J. the prosecution had failed to prove the charges levelled against them beyond all reasonable doubt and on that finding he set aside the conviction and sentence passed against them by the trial Court. In view of the difference o