JUDGMENT :

DINESH KUMAR SINGH-I, J.

1. Heard Sri. Dileep Kumar, learned counsel of the appellant alongwith Sri. Sanjay Tripathi, Advocate and Sri. J.P. Tripathi, learned A.G.A. appearing for the State.

2. This criminal appeal has been preferred against the judgment and order dated 23.3.1985 passed by IInd Additional Session Judge, Hamirpur in Session Trial No. 90 of 1981 (State vs. Shiv Kumar and Others) whereby accused appellant No. 4 Mool Chand, accused-appellant No. 2 Har Narain, accused-appellant No. 3 Veer Narain have been convicted and sentenced under Section 148 IPC with two years R.I. and under Section 302 read with Section 149 IPC with life imprisonment and under Section 404 IPC with two years R.I. Further directed that all the sentences shall run concurrently. Accused-appellant No. 1 Shiv Kumar has been convicted under Section 302 read with 120-B IPC and has been sentenced with life imprisonment.

3. In brief, the prosecution case as disclosed in the FIR is that the cousin brother of the informant Shiv Kumar son of Prahlad Brahman, resident of village Banki, Ayodhya son of