JUDGMENT :

Raj Beer Singh, J.

These criminal appeals have been preferred against the common judgment and order dated 28.01.1988 passed by the Sessions Judge, Mirzapur in Sessions Trial No. 240 of 1986 (State vs. Kunwar & five Ors), under Sections 148 and 302/149 of Indian Penal Code and Sections 3/4/5 Explosive Substances Act, P.S. Kotwali Dehat, District Mirzapur, whereby accused-appellants namely, Kunwar, Ram Naresh, Nirju, Dangar, Basant Lal and Rajendra have been convicted under Sections 148 and 302/149 of IPC and sentenced to imprisonment for life under Section 302/149 of IPC and two years rigorous imprisonment under Section 148 of IPC. Accused appellant Kunwar was further convicted under Section 3 of Explosive Substance Act and sentenced to three years rigorous implication along with fine of Rs. 500. All the sentences were directed to run concurrently.

2. Accused-Appellants Basant Lal and Dangar have expired during pendency of appeal, thus, appeal in their respect stands abated.

3. According to prosecution case, on account of some previous litigation, accused Basant Lal and Nirju etc. were having enmity with family of complainant Mishrilal (PW-1). It is alleged that on 14.05.1986