JUDGMENT.

S.N. Variava, J.—This Appeal is against the Judgment dated 19th February, 1998.

2. Briefly stated the facts are as follows:

On 2nd June, 1986 one Om Prakash along with his friend Munna was taking a stroll. On the way back to their house, when they were near Udayan Gas Co., five persons, viz., Bhagwan Das, Nathu Lal, Moti Lal, Sapan and Tapan, surrounded them. Thereafter, Nathu Lal dealt a blow by means of a ‘Gupti’ which landed on the back of Om Prakash. On receiving the blow Om Prakash fell on the ground. Bhagwan Das then gave a blow by means of a ‘Farsa’ on the neck of Om Prakash resulting in his instantaneous death.

3. In the meantime, Munna had tried to run away but was prevented from doing so by Sapan and Tapan. Then Bhagwan Das hit Munna on the head with the ‘Farsa’ and a ‘Lathi’ blow was given to Munna by Moti Lal. This incident is alleged to have been witnessed by two brothers of Om Prakash who were standing nearby.

4. All the five persons were charge-sheeted and tried for offences punishable under Sections 302/149 and under Sections 307/149 and 148 of the Indian Penal Code. The Trial Court convicted all the five accused (sic) (and sentenced) to life imprison