JUDGMENT

Rajeev Kumar Shrivastava, J.—Challenge in this appeal filed by the State/appellant under Section 378 of the CrPC is to the judgement dated 4.2.2003 passed by Sixth Additional Sessions Judge (Fast Track Court), Bhind in Sessions Trial No.347/2000, whereby the present respondents Ram Outar and Subhash Sharma were acquitted from the charge of Sections 148, 302, 149 of the IPC.

2. Vide the judgement impugned in the present appeal, the trial Court has acquitted accused Subhash and Ramavtar from the offences under Sections 148 and 302 read with Section 149 of IPC but has convicted the accused/appellant Ashok under Section 302 read with Section 34 of IPC for the murder of Mataprasad and under Section 302 read with Section 34 of IPC for the murder of Tejraj, considering the fact that there was common intention. Against conviction and sentence, accused Murari and Ashok has filed separate Criminal Appeal No. 196/2003. As per the request of learned counsel for the parties, both the appeals (Criminal Appeal No.196/2003 and Criminal Appeal No. 542/2003) are being decided simultaneously by passing separate judgment in each appeal. It is further pertinent to note that the appeal filed b