JUDGMENT

UJJAL BHUYAN, J.

This appeal is directed against the judgment and order dated 27.09.2012 passed by the Allahabad High Court upholding the conviction of the appellant alongwith others under Sections 148 and 302/149 of the Indian Penal Code, 1860 (IPC).

2. It may be mentioned that learned Sessions Judge, Etah vide the judgment and order dated 20.01.1997 passed in Sessions Trial No. 17 of 1993 convicted the appellant alongwith three others under Sections 148 and 302/149 IPC and sentenced each of them to undergo rigorous imprisonment (RI) for two years and to pay fine of Rs. 2,000.00 for the conviction under Section 148 IPC with a default stipulation and further sentenced to undergo imprisonment for life under Section 302/149 IPC. Another accused Shree Dev was convicted for the offences punishable under Sections 147 and 302/149 IPC. He was sentenced to undergo RI for two years and to pay fine of Rs. 2,000.00 with a default stipulation for the offence committed under Section 147 IPC and to suffer imprisonment for life under Section 302/149 IPC.

3. Being aggrieved by the aforesaid conviction and sentence, all the five accused persons including the appellant herein preferred criminal