JUDGMENT

Dr. Arijit Pasayat, J.—

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Allahabad High Court dismissing the appeal filed by the appellants. Seventeen persons had filed the appeal questioning their conviction for offence punishable under Sections 147, 302 read with Sections 149, 307 read with Section 149 of the Indian Penal Code, 1860 (in short the ‘IPC’). Four of the accused persons namely Bishin Singh, Nathu Singh, Yatinder Singh and Kundan Singh were separately convicted for offence punishable under Section 148 IPC. During the pendency of the appeal eight of the accused persons died and their appeal was held to have abetted so far as they are concerned.

3. Prosecution versions as unfolded during trial is as follows:

On 13.4.19081 at about 7 a.m. in the Khlihan near village Hasanpur under Soron Police Station of District Etah, the incident resulting in the death of Jugendra Pal Singh (hereinafter referred to as the ‘deceased’) was occurred. A case under Section 366/376 IPC regarding abduction and rape of Kumari Asha and Munni both nieces (sister’s daughters) of complainant was registered against the accused Yatendra Singh and ot