JUDGMENT :

Shiv Shanker Prasad, J.

1. Both the Criminal as well as Government Appeals are directed against the impugned judgment dated 21st January, 1981 passed by the II Additional District & Sessions Judge, Gorakhpur in Sessions Trial No. 205 of 1980 (State Vs. Ayodhya & 6 Others), arising out of Case Crime No. 36 of 1978, under Sections 147/148/149/302 I.P.C., Police Station-Ghughuli, District- Gorakhpur, whereby accused-appellants Ayodhya, Sanhu, Chhangur, Lakhan and Ram Ji, have been convicted for offence under Section 147 I.P.C. and Section 302 read with Section 149 I.P.C. and have been sentenced to two years rigorous imprisonment for commission of offence under Section 147 and life imprisonment for commissioning of offence under Section 302 read with Section 149 I.P.C., with an observation that both the sentences were to run concurrently, whereas the accused- Pyare and Chhotkoo have been acquitted for all charges alleged against them.

2. Since the basic facts, issues and the judgment of the trial court are similar and common, both criminal appeals have been clubbed and heard together and the same are being decided by this common judgment.

3. We have heard Mr. J.P. Tripathi, lear