Judgment :

C. Nagappan, J.

1. This appeal is preferred against the judgment of the High Court of Allahabad in Criminal Appeal No. 2986 of 1982. The appellants herein are accused Nos. 2, 4 and 7 respectively, in Sessions Trial No.106 of 1980 on the file of IIIrd Additional Sessions Judge, Mirzapur and they were tried along with 4 others and all of them were convicted for offences under Ss. 147, 323/149 and 302/149 I.P.C. and each of them was sentenced to undergo rigorous imprisonment for 1 year for the offence under S.147 I.P.C., six months rigorous imprisonment for the offence under Ss. 323/149 I.P.C. and life imprisonment for the offence under Ss. 302/149 I.P.C. Aggrieved by the conviction and sentence accused Nos. 1 to 7 preferred criminal appeal No.2986 of 1982 and the High Court by impugned judgment dated 3-2-2012 (reported in 2012 (3) ALJ 557) dismissed the appeal preferred by accused Nos. 2, 4 and 7. The appeals preferred by accused Nos. 1, 3, 5 and 6 stood abated as they were reported dead. Challenging the same accused Nos. 2, 4 and 7 have preferred this appeal.

2. The prosecution case in brief is as follows:

Accused Jokhai, Nachakau and Sadhu are brothers being sons of Bara