Sheo Kumar Singh-I, J.

Challenge in this appeal is the order dated 9.10.1998 passed by Session Judge Lakhimpur Kheri in Session Trial No. 581 of 1998 under Sections 147, 148, 149, 323, 304 II of IPC, P.S. Mohamdi, District Kheri whereby and whereunder the accused appellant Jagannath and Malik @ Lal Bahadur were convicted under section 148 IPC and sentenced to undergo rigorous imprisonment for one year. Accused Ram Bilas and Chunni were convicted under section 147 IPC and sentenced to undergo six months rigorous imprisonment. Accused appellant Jagannath, Ram Bilas, Malik alias Lal Bahadur and Chunni were further convicted under Section 304 IPC part II read with section 149 IPC and each one of them was sentenced to undergo rigorous imprisonment for ten years. They were further convicted under Section 323 IPC read with section149 IPC and each one of them were sentenced to undergo rigorous imprisonment for six months. All the sentence were directed to run concurrently.

2. The brief facts giving rise to the present appeal is that Misri lal, Chunni Lal, Ram swaroop and Dwarika Prasad were brothers. Accused-appellants Jagannath and Ram Bilas are son of Chunni Lal. Malik is son of