Judgment :

Dr. B.S. Chauhan, J.

1. This appeal has been preferred against the judgment and order dated 27.4.2007 in Criminal Appeal No. 3990 of 2005 passed by the High Court of Judicature at Allahabad, partly allowing the appeal against the judgment and order dated 7.9.2005 passed by the Sessions Court, Azamgarh, in Sessions Trial No. 215 of 1991, convicting the appellants and the co-accused under Sections 302, 149 and 148 of Indian Penal Code, 1860 (hereinafter referred to as the `IPC’) and sentencing them to undergo rigorous imprisonment for life, and also one year RI, under Section 148 IPC respectively and further, to pay a fine of Rs.10,000/- on each count, and in default of such payment, to further undergo a term of four months RI.

2. The facts and circumstances giving rise to this appeal are as follows:

A. On 7.9.1990, Tej Bahadur (deceased) was travelling on a motor bike alongwith his friend Ashok at 9.00 a.m. and while doing so, he was followed by his two brothers, namely, Man Bahadur and Raj Bahadur who were both on a moped in the village of Kiratpur, district Azamgarh. The deceased was riding the motor cycle, while Ashok was the pillion rider. When they left the village,