JUDGMENT

Lokeshwar Singh Panta, J. —

1. Eight accused, namely, (1) Fateh Singh, (2) Ram Chander, (3) Brahma, (4) Satvir, (5) Ram Saran, (6) Harbir, (7) Pratap and (8) Genda were tried by learned VI Additional District & Sessions Judge, Meerut, in Sessions Trial No. 70 of 1978 for committing the murder of Hari Dutt Singh.

2. By judgment and order dated 05.12.1979, the learned trial judge convicted all the accused under Section 302 read with Section 149 of the Indian Penal Code (for short “IPC”) and sentenced each to imprisonment for life. The accused - Ram Saran, Satvir and Harbir have been further convicted under Section 148 IPC and each sentenced to two years rigorous imprisonment, whereas Fateh Singh, Genda, Pratap, Brahma and Ram Chander have been convicted under Section 147 IPC and sentenced to one year rigorous imprisonment. All the sentences were, however, ordered to run concurrently.

3. The accused persons filed joint appeal in the High Court of Judicature at Allahabad. The High Court by final judgment and order dated 25.02.2003 modified the judgment of the trial court. It converted the conviction of accused Satvir, Ram Saran and Harbir to Section 302 IPC read with Section 3