ORDER :

The state is in appeal against the order of acquittal passed by the High Court of judicature at Allahabad.

2. The learned first additional sessions judge, Shahjahanpur, convicted the accused persons under Section 302/149 of the Indian Penal Code and sentenced each of them to life imprisonment and further convicted them under Sections 323/149 of the Indian Penal Code and sentenced each of them to one year's rigorous imprisonment with a fine of Rs. 500/- each together with a default clause.

3. There is some confusion as regards inclusion of Section 149 of the Indian Penal Code and the High Court, however, clarified in its judgment even at the introductory stage that in fact accused persons were tried under Sections 302/34 and 323/34 of the Indian Penal Code.

4. The contextual facts depict that the deceased one Durjan and two injured Churai and Shri Ram, PW4 and four appellants used to reside in village Indalpur, which is about 4 and a half miles from the police station Banda, district Shahjalianpur. Accused Nathu and Ram Bilas are brothers and sons of Gaya Datt and accused Raja Ram and Ram Kishan are also brothers (cousin) and sons of Ram Swamp. Admittedly, there is no motive inv