JUDGMENT

C.K. Prasad, J. —

1.Appellants Suraj and Hari Singh alongwith Shyam, Gulab and Baladin were put on trial for offence under Sections 302/149, 147 and 148 of the Indian Penal Code. Baladin died during the pendency of the trial. All of them were convicted for offence under Section 302/149 of the Indian Penal Code and sentenced to undergo imprisonment for life by Judgment and Order dated 8th December, 1981 passed by the III Additional Sessions Judge, Hamirpur in Sessions Trial No. 201 of 1980. Shyam, Gulab and Appellant Suraj were also convicted under Section 148 of the Indian Penal Code and each of them sentenced to undergo two years rigorous imprisonment. Appellant Hari Singh was also found guilty under Section 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year. All the sentences were directed to run concurrently. All the convicted persons including the appellants herein preferred appeal before the Allahabad High Court which was registered as Criminal Appeal No. 3024 of 1981. Convicts Shyam and Gulab died during the pendency of appeal and their appeal had abated. However, appeal preferred by the appellants was dismissed by the Division Ben