JUDGMENT

K.D. Shahi, J. - This appeal has been preferred by appellants Bachchu Lal alias Vijai Bahadur. Rajendra Singh. Surendra Kumar and Kunwar Pal against the judgement and order dated November 1, 1980 passed by Sri Gaya Prasad the then VI Additional Sessions Judge, Mainpurt in Sessions Trial No. 463 of 1979 (district Mainpuri), whereby the learned Sessions Judge convicted and sentenced to all the aforementioned appellants for life imprisonment under Sections 302/149 I.P.C. and further to appellant Nos. 1,4 and 5 namely. Bachchu, Surendra Kumar and Kunwar Pal under Section

147 I.P.C. to undergo six months R.l. and appellant Nos. 2 and 3, namely Lal alias Vijai Bahadur and Rajendra Singh under Section 148 I.P.C. to undergo R.I. for one year.

2. The First Information Report (in short 'F.I.R') in this case was lodged by Sudhar Singh (P.W. 5) against Pappu. Lal Bahelia, Rajendra Nath, Narena Bahelia, Surendra, Kunwar Pal and Bachchu and the implication of accused Brijendra was found during investigation but the learned Sessions Judge has acquitted accused Pappu and Brijendra for want of adequate evidence. No appeal was preferred by the State against this acquittal and the acquittal