( 1 ) NINE persons were put to trial in Sessions Trial No. 422 of 1979 before the Additional Sessions Judge, bareilly. They were Ved Ram, Kishan Lal, tundi, Siya Ram, Niranjan, Chhatrapal, Dal chand, Rampal and Dharampal. The last two Rampal and Dharampal are real brothers being the sons of Punni. The appellants were tried for the double murder of Chet Ram and his brother Raghu Nath. The trial Court found them guilty of the offence under Section 302 read with Section 149, I. P. C. and sentenced each of them to life imprisonment. Chhatrapal, Dalchand, Rampal and Dharampal were also convicted under Section 147, I. P. C. and sentenced to rigorous imprisonment for one year. The remaining five, namely, Ved ram, Kishan Lal, Tundi Siva Ram and niranjan were convicted for the offence of rioting under Section 148, I. P. C. and each sentenced to 1 years rigorous imprisonment. All the sentences were ordered to run concurrently by the judgment dated 27th feb. 1981 which is impugned in this appeal.

( 2 ) THE occurrence had taken place on 19-7-1979 between 8 a. m. and 9. 30 a. m. in village Shivpuri, Police Station Sirauli, District Bareilly and the F. I. R. was lodged the same da