JUDGMENT

Fakkir Mohamed Ibrahim Kalifulla, J.

1. These appeals arise out of the common judgment dated 26.09.2003, by the High Court of Allahabad in Criminal Appeal Nos.814 and 815 of 1981.

2. The appellant in Crl.A.No.814 of 1981 before the High Court is the appellant before this Court in Crl.A.No.1021 of 2004. The second appellant in Crl.A.No.815 of 1981 before the High Court is the appellant before this Court in Crl.A.No.1020 of 2004. The appellant in Crl.A.No.1020 of 2004, as well as one Harihar Singh were tried in Sessions Trial No.164 of 1979 and the appellant in Crl.A.No.1021 of 2004, was tried in Sessions Trial No.228 of 1979. All the accused were charged for an offence under Section 302 read with Section 34 of I.P.C. The present appellant in Crl.A.No.1020 of 2004, as well as the appellant in Crl.A.No.1021 of 2004 were further charged for an offence under Section 379 of I.P.C. All the three accused were awarded life imprisonment for the charge under Section 302 read with Section 34 of I.P.C. and the present appellants in these two appeals were further awarded two years rigorous imprisonment for the charge under Section 379 of I.P.C. When Crl.A.No.815 of 1981 was pending before