HARJIT SINGH BEDI, J.

( 1 ) THIS judgment will dispose of Criminal Appeal Nos. 752-755 of 2005 pertaining to the acquittal of four of the accused whereas Criminal Appeal Nos. 834 of 2005, 835 of 2005 and 910-912 of 2005 have been filed by the accused who stand convicted both by the trial Court as well as by the High Court.

( 2 ) THE facts have been taken from the record of Criminal appeal No. 835 of 2005. They are as under:

( 3 ) ON 4. 4. 1999 Rakesh Kumar Pandey along with his brother-in-law Surya Narain @ Vakil Shukla along with three others, Devi Shankar Dubey, Prem Shanker Dubey and the car driver Shesh Mani were returning from Aurai to Gopiganj in the latter's car No. WB 26a 7554. As the car reached near the Trimuhani on the middle of the road in Gopiganj, accused Udai Bhan Singh, Akbal Bahadur @ Atkoti Singh, Prem singh, Dhunni Singh, Munni Singh, Daroga Singh, Rajeshwar upadhyay, Pintoo Singh and two other persons all armed with modern weapons starting firing at the car. The firing led to the death of Surya Narain @ Vakil Shukla, Devi Shanker dubey and Shesh Mani at the spot. Rakesh Kumar Pandey and prem Shanker who were sitting on the rear seat rushed out of the car to sa