J.L.KAPUR, J. , RAGHUBAR DAYAL, J.

(1) THE appellants and Prithviraj Singh were tried by the Sessions Judge, Hamirpur, the former for offences under s. 302 read withs. 149 and s. 201 read with s. 149 and of them some under s. 147 and others under s. 148 and the latter under s. 201 read with s. 149 of the Indian Penal Code. From amongst the accused persons Nathu Singh was acquitted and so was Prithviraj Singh but ten others were convicted under s. 302 read with s. 149 and s. 201 read with s. 149 and two of them were convicted under s. 147 and others under s. 148. The Sessions Judge sentenced the convicted persons to imprisonment for life under s. 302 read with s. 149, to three years rigorous imprisonment under s. 201 read with s. 149, two of them to two years rigorous imprisonment under a. 147 and others to three years rigorous imprisonment under s. 148 but all the sentences were concurrent. Against that order the convicted persons took an appeal to the High Court at Allahabad and the State appealed against the acquittal of Nathu Singh and also applied for enhancement of sentences against the convicted persona. The High Court dismissed the appeal of the convict