Appellants viz., (i) Sandeep Sharma s/o. Shudhodan Sharma, (ii) Mahaveer Sharma s/o. Gulab Chand, (iii) Mukesh Gautam s/o. Kailash Chand, (iv) Anil Kumar Vijay s/o. Surya Prakash and (v) Meghraj Mali s/o. Lodki Lal, all five in number, have preferred instant appeal under Section 374 of the Code of Criminal Procedure aggrieved against the judgment of conviction and order of sentence rendered by the District & Sessions Judge, Baran.

The District & Sessions Judge, Baran, vide its impugned judgment dated 19.11.2004 held all the appellants guilty for offences punishable under Sections 148, 302/149, 364/149 of Indian Penal Code. However, he recorded acquittal of the appellants for commission of offence punishable under Section 302/120-B of Indian Penal Code.

Having convicted the appellants for the above said offence, the trial Court, vide a separate order of even date, sentenced them as under:-

“For offence under Section 302/149 I.P.C., appellants were sentenced to undergo life imprisonment and to pay a fine of Rs. 100/- each, in default of payment of fine to further underg