JUDGMENT :

Raj Beer Singh, J.

1. This appeal arises out of impugned judgment and order dated 02.11.2000 passed by learned Additional District & Sessions Judge, Court No. 7, Azamgarh in Session Trial No. 203 of 1988 (State vs. Sankatha and Others), whereby accused-appellant Dhruv Raj Rai has been convicted under Section 304 Indian Penal Code (hereinafter referred to as 'IPC') and sentenced to seven years rigorous imprisonment along with fine of Rs. 1,000/- and accused-appellants, namely Ramesh Rai, Radhey Shyam, Ghan Shyam alias Dhannu, Man Shyam alias Munnu, Rajeshwar Rai, Singhasan, Jagdish and Mahendra have been convicted under Section 304/149 IPC and sentenced to seven years rigorous imprisonment and fine of Rs. 1,000/- each. All the appellants-accused were further convicted under Section 326/149 IPC and sentenced to five years rigorous imprisonment with fine of Rs. 500/- each. Accused-appellants Ramesh Rai and Radhey Shyam were further convicted under Section 147 IPC and sentenced to one year rigorous imprisonment. Accused-appellants, namely, Ghan Shyam alias Dhannu, Man Shyam alias Mannu, Rajeshwar Rai, Singhasan, Jagdish, Mahendra and Dhruv Raj Rai were further convicted under