( 1 ) THIS appeal has been nominated by the order of Honble the Chief justice dated 29-3-2004 to this Bench under section 392 , Cr. P. C. for opinion, as there was difference of opinion between the honble Judge (Honble S. K. Agarwal, J. and honble K. K. Misra, J.) of the Bench which heard and decided it.

( 2 ) THE appeal was directed against the judgment and order dated 16-6-1980 passed by the Sessions Judge, Ballia in Sessions trial No. 50 of 1980 convicting the appellants radha Mohan, Devendra Singh alias mutuk Singh, Kaushal Kishore, Tej Bahadur singh and Kapil Deo Singh under Sections 302 read with 149,ipc and sentencing each of them to imprisonment for life, further convicting appellants Tej Bahadur Singh and kapil Deo Singh under Section 147, IPC and sentencing each of them to undergo R. I. for a period of one year, further, convicting radha Mohan, Devendara Singh and kaushal Kishore under Section 148, IPC and sentencing each of them to undergo R. I. for a period of two years. Appellant Kaushal kishore was further convicted under Section 324, IPC and Kapil Deo Singh and Tej bahadur Singh under Section 323, IPC and remaining appellants were convicted under se