JUDGMENT :

1. Heard Sri Hemant Kumar Mishra, learned counsel for the appellant no. 1-Ramjan, Sri Om Chandra Sahu, learned counsel for the appellant no. 2-Sultan, learned counsel for the appellant for appellant-Chhota and Thakuri and Sri Arvind Kumar Tripathi, learned A.G.A. as well as perused the record.

2. Since appellants of the both the appeals have been convicted by a common judgment, therefore, both the appeals are being decided by a common judgment.

3. The present appeals have been preferred against the judgment and order dated 24.10.1996 passed by the IVth Additional District and Sessions Judge, Hardoi in S.T. No. 401 of 1992 arising out of crime no. 188 of 1990, Police Station-Atrauli, District-Hardoi by which the appellants-Ramjan, Chhota, Sultan, Ghishu and Thakuri were convicted. Appellants Ramjan and Sultan were convicted and sentenced under Section 148 I.P.C. for two years rigorous imprisonment and fine of Rs. 500/-each and in default of payment of fine one month additional imprisonment and under Section 307 I.P.C. for four years rigorous imprisonment and fine of Rs. 1,000/-each and in default of payment of fine two months additional imprisonment. Appellants-Chhota, Gh