JUDGMENT :

1. Heard Sri Manvendra Singh, learned counsel for appellants and Shri G.P. Singh, learned A.G.A. for State.

2. The present Criminal Appeal has been preferred assailing the correctness of the judgment and order dated 30.6.1992 passed by IIIrd Additional Sessions Judge, Fatehpur in Sessions Trial No.490/1989 (State vs. Munna Singh and ors), arising out of Case Crime No.889 of 1989 under Sections 147, 148, 323 and 302 IPC, Police Station Kishunpur, District Fatehpur, whereby appellant no.1, Munna Singh has been convicted and sentenced under Section 148 IPC to undergo imprisonment of one year's rigorous imprisonment and under Section 302 IPC to undergo life imprisonment. Accused persons/appellant nos.2 to 5 Ram Prasad, Ram Raj, Guljar and Mannu have also been convicted and sentenced under Section 147 IPC to undergo R.I. for six months each and they have further been convicted under Section 302 read with Section 149 IPC for life imprisonment. The appellant nos.2 to 5 have further been convicted and sentenced under Section 323 IPC read with Section 149 IPC to undergo six months R.I. each.

3. The prosecution case, in brief, is that the accused persons put an obstruction (bandha