Judgment

Sema, J.—These two appeals are directed against a common judgment of the High Court of Uttaranchal at Nainital dated 5.8.2004 confirming the order of the trial court convicting the five appellants under Sections 149, 302/149 IPC and a fine of Rs. 10,000/-; in default two years’ RI. They were further convicted under Section 25 of the Arms Act and Section 148 IPC and sentenced to three years’ RI respectively and a fine amounting to Rs. 1,000/-; in default one year’s RI. It was further directed that all the sentences would run concurrently.

2. Criminal Appeal No. 137 of 2005 has been preferred by three accused, A1-Nisar Khan alias Guddu, A2-Gulzar Khan alias Pappu and A3-Bhura alias Shakil. Criminal Appeal No. 138 of 2005 has been preferred by two accused, A4-Rajesh Sharma and A5-Navin Sharma. The trial court convicted A4-Rajesh Sharma and A5-Navin Sharma under Section 302/149 IPC and sentenced them to death. However, on appeal the High Court set aside the death sentence imposed upon A4 and A5 and converted the death sentence into life imprisonment.

3. No appeal has been preferred by the State of Uttaranchal against the order of the High Court converting the death sentence of A4