JUDGMENT

M.K. Mukherjee, J.- Five persons, namely, Mohan Yadav, Tapsi Yadav, Chhotkun Yadav, Muneshwar Yadav and Kantoo Yadav were arraigned before the Sessions Judge, Azamgarh for rioting, murder and other allied offences. The trial ended in conviction of all of them under Sections 302/149 IPC, 307/149 IPC and 323/149 IPC. In addition, Mohan was convicted under Section 148 IPC and the other four under Section 147 IPC. For the convictions so recorded, they were sentenced to different terms of imprisonment, including life, with a direction that the sentences would run concurrently. As the appeal preferred by them in the High Court was dismissed, they filed the instant appeal after obtaining special leave. During the pendency of the appeal, two of them, namely Tapsi and Chhotkun died and hence, the appeal, so far as they are concerned abate.

2. The prosecution case briefly stated is as under:

a) The chak belonging to Kumar (P.W.3), father of Bandhoo (the deceased) and Chhotai (P.W.4), is just in front of the house of Tapsi. For sometime past Tapsi was trying to acquire that chak and he had even asked Kumar to sell it to him. Kumar, however, did not agree to such proposal. Over that