JUDGMENT :- These appeals are directed against the judgment dated March 24, 1993 passed by the High Court at Allahabad in Criminal Appeal No. 3062/79 and Criminal Appeal No. 3247/79. Both the aforesaid appeals were preferred by the accused-appellants against their conviction and sentence passed by the learned 1st Additional Sessions Judge, Merrut in Sessions Trial No. 5/79 under Section 302 read with Sections 148 and 149 IPC and convicting the appellants for life imprisonment on the charge of murder and also convicting them under Section 148 IPC. The five appellants, namely, Trikha (A-1) his two sons, Sohanvir Pal (A-2) and Amar Pal (A-3) his brothers son. Krishana Pal(A-4) and Veerpal (A-5) also a relation to Trikha, were prosecuted under Section 302 read with sections 148 and 149 IPC for causing death of one Amar Pal on October 11, 1987 at about 12.30 P.M.

2. The prosecution case in short is that the family of the deceased Amar Pal and the family of Trikha had strained relations and there had been litigations between them. On October 11, 1978, when the deceased Amar Pal was suffering from headache he had been to the shop of Dr. Rajveer Singh (P.W.6). The said doctor after examinin