SUNIL KUMAR GARG, J.

( 1 ) THIS appeal has been filed by the accused appellants against the judgment and order dated 6-4-1987 passed by the learned Sessions Judge, Pratapgarh in Sessions Case No. 123/83 by which he convicted the accused appellant No. 3 Iqbal Mohammed for the offence under S. 307, IPC and accused appellants Nos. 1 and 2 Kailash and Babu Rao for the offence under Ss. 307/34, IPC and sentenced each of them in the following manner :-NAME of accused appellants convicted under section sentence awarded 1. Iqbal Mohammed 307,ipc five years RI and to pay fine of Rs. 500. 00, in default of payment of fine, to further undergo SI for three months. 1. Kailash 307/34, IPC three years RI and to pay fine of Rs. 300. 00, in default of payment of fine, to further undergo SI for 11/2 months. 2. Babu Rao by the same judgment, the learned Sessions Judge acquitted present accused appellants of the charges for the offence under Ss. 147, 148 read with S. 149, IPC and also acquitted accused Dilip Rao, Ramesh and Shyamlal of all the charges framed against them.

( 2 ) THE facts giving rise to this appeal, in short, are as follows :- on 30-6-1983 at about 3. 00 p. m. , PW. 4 Vimal Ch