JUDGMENT :

1. These two criminal appeals arise out of a common judgment and order dated 14.10.1988 passed by VII Additional Sessions Judge, Sitapur in Sessions Trial No.218 of 1987 whereby the appellants Santu, Naresh, Ram Shankar, Prem Narain, Bahori, Jagannath and Bhudhar have been convicted and sentenced to undergo rigorous imprisonment for three years under section 148 I.P.C.. They are further convicted under Section 307 I.P.C. read with section 149 I.P.C. and each of them is sentenced to undergo Rigorous Imprisonment for ten years. Both the sentences of all the accused appellants were directed to run concurrently.

2. As per the prosecution case narrated in the written report, Ex.Ka.6, Lallu, father of the accused Santu and Naresh was murdered. In the said case, Santu had named Shiv Balak Ram, complainant of the present case and others. At the time of the present incident, the murder cases was pending before the trial court. There was enmity between the complainant and Santu and others and a case under Section 107/117 CrP.C. was also pending in the Court.

Due to the said enmity, on 23.6.1986 at about 6.00p.m. in village Shah Singhpur, P.S. Kamlapur, district Sitapur when the comp