JUDGMENT :

Ramesh Sinha, J.

(1) The four persons, namely, Kailash, Badey Lal, Munna Lal and Sipahi alias Nanh were tried by the Additional Sessions Judge, Court No. 5, Barabanki in Sessions Trial No. 256 of 2007 : State Vs. Bade Lal and others for offences punishable under Sections 302/34, 307/34, 426, 504 and 506 of the Indian Penal Code. In addition, appellant-Kailash was also tried in the aforesaid sessions trial for the offence punishable under Section 3/25 of the Arms Act by the Additional Sessions Judge, Court No.5, Barabanki. Vide judgment and order dated 30.07.2009, the learned Sessions Judge acquitted appellants, Kailash, Badey Lal, Munna Lal and Sipahi alias Nanh, for offences punishable under Sections 307/34, 504, 506 and 426 of the Indian Penal Code but convicted and sentenced them in the manner stated hereinafter :--

(i) Under Section 302/34 of the Indian Penal Code to undergo imprisonment for life and to pay a fine of Rs.2000/-each, in default to undergo additional one year each rigrous imprisonment; and

(ii) Under Section 323 read with Section 34 of the Indian Penal Code to undergo six months' R.I.

The trial Court directed the sentences of appellants on all the counts to