JUDGMENT

M. K. MUKHERJEE, J.:—Chand Khan and Shabbu, the two appellants before us, and seven others were placed on trial before an Additional Sessions Judge of Rampur to answer common charges under Sections 452,302/149, 325/149, 324/149 and 323/149 of the Indian Penal Code (IPC for short). Against five of them, including the two appellants, a charge under Section 148, IPC and against the other four a charge under Section 147, IPC were also framed. Besides, a separate charge under Section 302, IPC was framed against appellant Shabbu. The trial ended in an order of acquittal recorded in favour of all the persons arraigned. Aggrieved thereby the State of Uttar Pradesh preferred an appeal which was partly allowed by the High Court by setting aside the acquittal of the two appellants and three others. After setting aside their acquittal the High Court convicted the two appellants for the offence under Section 302, IPC as also for the other offences for which they were charged and sentenced them to suffer imprisonment for life for the former conviction and for the period already undergone for the other convictions. The other three were convicted of all the charges levelled against them e