JUDGMENT

Srinivasan, J- These appeals are directed against the judgment of the allahbad high court in Cri Appeal Nos. 806 –807 of 1988 and reversing the judgment of the additional session judge muradabad in S.T no 608 of 1985 and acquitting on the accused who stood charged under section 148,302/149 and 307 /149 I.P.C Crl appeal no 25 of 1990 is the widow of one of the murdered persons while the other to appeals are by the state.

2. The case of the prosecution was as follow:-

On 14.7.1985 sohan pal singh PW 1 and his son avdesh kumar PW 3 as well as one inder pal singh were going on motercycle of the first of them from the village bilari to the village Chawra at the same time rajkumar singh and his son dhirender singh were proceeding on another motercycle along with them at about 8:30 P.M when they reached the village boonda firogepur they say a tractor parked on the middle of rord with its likes on it had no bonae the accused namely mahender singh, omvir, somber, om partap singh, onkar singh and Raghu raj singh were standing near the corrector one of them nsamely Raghu raj singh had a hasiya while the other had country pistole the moter cycle of raj kumar singh was stopped on seeing the aforesaid persons on there rord and the other moter cycle was stopped a few steps behind. The accused who had pistol fired at raj kumar singh and dhirender singh the former fell down on receiving gun soot injuries Raghu raj singh assaulted him with hasiya and give several blows dhirender singh stared to run away but was chased by the assured an other tractor came from behind which was stopped by PW1 dhirender sigh attempt took climb on the sad tractor but the accused fire at him a result of which he received gun shout injuries and fell down ram swaroop PW 2 and his son nathu singh who had came on the sad tractor also got gunshot injuries when they tried to save dhirender singh some others person who had come on the sad tractor ran away both raj kumar singh, dhirender singh, died on the sport as a result of the injuries in the main time villagers came from the village and the accused boarded their tractor and tried to escaped the tractor gun stuck in the ditch and the accused left it and ran away the FIR was lodged by PW1 at police station kurh fathegarh at 10:00 p.m. on the same day.

3. The accused were not tracable for three or four days. Three of them surrendered on 17.7.85 in the court at Moradabad and the remaining three persons surrendered on 18.7.85. They pleaded not guilty and stated that they were falsely implicated on account of enmity. One of them namely, am Vir Singh stated that at the time of the occurrence he was on duty in the cooperative bank at Moradabad and in support of his claim he examined the Branch Manager as DW 1. The prosecution examined ten witnesses. PWs 1 to claimed to be eye witnesses. The Additional Sessions Judge found all the accused to be guilty and convicted them. Mahender Singh, Om Vir Singh, and Pratap Singh and Som Vir Singh were convicted under Sections 148, 302/149 and 307/149 I.P.C. while Raghu Raj Singh was convicted under Section 148 and 302/149 I.P.C. He was acquitted of the charge under Section 307/149 I.P.C. Death sentence was awarded to Mahender Singh and Raghu Raj Singh under Section 302/149 I.P.C. All the accused were further sentenced to undergo three years rigorous imprisonment under Section 148 I.P.C. Mahender Singh, am Vir Singh, am Pratap and Som Vir Singh were further sentenced to seven years rigorous imprisonment under Section 307/149 I.P.C. All the sentences of imprisonment were or dered to run concurrently.

4. Two appeals were preferred before the I High Court. One was by Mahender Singh and Raghu Raj Singh and the other by the remaining accused. The High Court held that the 1 prosecution failed to establish the guilt of the accused and allowed the appeal. The conviction and sentence were therefore set aside

5. The widow of Raj Kumar Singh has filed Crl. Appeal No. 25 of 1990. The 1 Sta