JUDGMENT :

Sunita Agarwal, J.

1. Heard Sri Apul Mishra learned Advocate on behalf of appellants Phool Singh, Hari @ Harish Chandra and Charan, Sri Vinod Kumar learned Advocate on behalf of appellant Kallu and Sri Roopak Chaubey learned A.G.A for the State.

2. These three connected appeals are directed against the judgment and order dated 30.9.2003 passed by the Sessions Judge, Mahoba in Sessions Trial no.55 of 1998 arising out of Case Crime no.219 of 1997 P.S-Kulpahad District-Mahoba whereby five appellants namely Kallu, Phool Singh, Hari @ Harish Chandra, Charan and Jogendra have been convicted for the offence under Section 302/149 I.P.C and sentence for life imprisonment; under Section 324/149 I.P.C they were sentenced for rigorous imprisonment for three years as also for the offence under Section 148 I.P.C. punishment for which is two years rigorous imprisonment. All the punishment are to run concurrently.

These three connected appeals are filed by five accused persons, amongst them one appellant Jogendra had died and the appeal on his behalf has been abated.

3. The prosecution story unfolds with a first information report lodged on 19.11.1997 at about 17.00 hours which was on a writ