JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. A Division Bench of the Allahabad High Court dismissed the appeal filed by the appellants who were convicted for offences punishable under Section 302 read with Section 149 and Section 307 read with Section 149 and Section 148 of the Indian Penal Code, 1860 (in short the ‘IPC’).

3. In all five persons had filed the appeal. During pendency of the appeal before the High Court appellant accused Mangaru died and the appeal stood abated so far as he is concerned. The learned 3rd Additional Sessions Judge, Azamgarh, had found the five accused persons guilty in S.T. No.78 of 1982. The present appeal has been filed by four of the accused persons who were A2, A3, A4 and A5 before the trial Court.

4. Prosecution version in a nutshell is as follows:

The incident resulting in the death of Sukhai and causing injuries to Sabhajit and Laljit occurred on 26.12.1981 in Village Larpur Saheb Ali situated within the limits of P.S. Didarganj, District Azamgarh. First Information Report was lodged on 26.12.1981 by Ramjit S/o Sukhai Yadav R/o Village Larpur Saheb Ali. The case of prosecution as appearing from the F.I.R. in brief is that the chak of t