Judgement

K. JAYACHANDRA REDDY, J.:- The Sessions Court convicted all the ten accused under S. 148 and S. 302 read with S. 149 Indian Penal Code and sentenced each of them to two years R.I. and life imprisonment under the two counts respectively. The sentences were directed to run concurrently. The convicted accused preferred an appeal to the High Court of Allahabad. One of the accused Har Sewak who figured as Accused No. 1 died during the pendency of the appeal. The convictions and sentences of all the other nine accused were confirmed. Hence they have preferred this appeal by way of special leave granted by this Court. During the pendency of the appeal in this Court Accused No. 3 and Accused No. 9 died.

2. Learned counsel appearing for the appellants submitted that the case arose out of an acute faction and the witnesses relied upon by both the Courts below being by are highly interested and there are any number of circumstances indicating that the whole prosecution story is fabricated and at any rate the evidence cannot be relied upon at all. Learned counsel for the respondent State on the other hand submitted that the two Courts below have accepted the evidence and therefore this