JUDGMENT

Dr. Arijit Pasayat, J. —

1.Challenge in this appeal is to the judgment of a Division Bench of the Allahabad High Court by which two Criminal appeals filed by accused Sattan, Uppendra, Hari Pal son of Kiran Singh and Hari Pal son of Ram Charan (Criminal Appeal No. 2140 of 1999) and Criminal Appeal No. 2237 of 1999 filed by accused Kripal, Brij Pal, Ram Pal and Devendra. A reference under Section 366 of the Code of Criminal Procedure, 1973 (in short the ‘Code’) for confirmation of death sentence in respect of the accused appellants in Criminal Appeal No. 2140 of 1999 before the High Court was made. So far as Sattan, Upendra, Hari Pal son of Kiran Singh and Hari pal son of Ram Charan are concerned they were sentenced to two years R.I. each under Section 148 of the Indian Penal Code, 1860 (in short the ‘IPC’), 10 years R.I. under Section 307 read with Section 149 IPC and death sentence in respect of offence punishable under Section 302 read with Section 149 IPC. The appellants in the Criminal Appeal No.2237 of 1999 were convicted and sentenced to life imprisonment under Section 120 B IPC alongwith appellants in Criminal Appeal No. 2140 of 1999 accused Mukesh, Dhirendra, Rakesh,