JUDGMENT :

MOHIT KUMAR SHAH, J.

The present Appeal has been filed under Section 374(2) of the Code of Criminal Procedure, 1973 against the judgment of conviction and sentence dated 24.06.1993 and 26.06.1993 respectively, passed in Sessions Trial No. 253 of 1983 arising out of Uchkagaon P.S. Case No. 6 of 1980 dated 22.06.1980 registered for the offence under Sections 147/148/149/307/302 of the Indian Penal Code and Section 27 of the Arms Act, passed by the learned 1st Additional Sessions Judge, Gopalganj, Shri Binod Mohan Prasad.

2. At this juncture, it would be relevant to mention that though the appeal was preferred by 15 appellants, however, during the course of pendency of the present appeal, as many as 11 appellants have died, hence, the present appeal survives qua four appellants, namely, 1. Ramashraya Singh, 2. Amod Singh, 3. Satya Narain Awadhiya & 4, Binay Kumar.

3. By the aforesaid judgment dated 24.06.1993, all the appellants have been held guilty and convicted under Sections 302/149 of the Indian Penal Code and as far as appellant no.1 is concerned, he has been further held guilty and convicted under Section 307/34 of the Indian Penal Code. The learned trial Court by an ord