JUDGMENT

Santosh Hegde, J.—The respondents herein and two others were charged for offences punishable under Sections 148, 452, 302 read with 149 and 307 IPC for having committed the murder of one Nasir Ahmad son of Mohd. Siddiq, his wife Chheddan and his two years old son Ishtiyak in the house of Mohd. Siddiq (PW-2) and for causing grievous and other injuries to PW-2 Mohd. Siddiq, PW-3 Mukhtar Ahmad, Nasir Ahmad PW-11 and another by name Masroor. Learned Sessions Judge, Sitapur, Uttar Pradesh in Sessions Trial No. 371/1982 acquitted accused No. 6 Sadaqat and A-7 Liyaqat giving them the benefit of doubt and convicted other 15 persons for various offences punishable under Sections 302 read with Sections 149, 452, 307 read with 149 IPC. He sentenced the said accused for the principal offence punishable under Section 302 read with Section 149 IPC to imprisonment for life and awarded varying sentences in regard to other offences. In appeal, the High Court of Judicature at Allahabad in Crl. Appeal No. 804 of 1983 allowed the same and set aside the conviction and sentence imposed on the appellants therein, consequently the State of U.P. is in appeal before us.

2. The prosecution case, in