JUDGMENT :

Hon’ble Rajiv Gupta, J.

1. Heard Shri Saurabh Basu, learned counsel for the appellants, Shri Purshottam Upadhyay, learned AGA for the State and perused the record.

2. The instant criminal appeal as well as government appeal has been filed against the judgment and order dated 18.02.1983 passed by 4th Additional Sessions Judge, Mirzapur in Sessions Trial No. 134 of 1981 (State of U.P. Vs. Nanhak and 4 Others), arising out of Case Crime No. 109 of 1979, Police Station Kotwali Dehat, District Mirzapur, by which the appellants have been convicted for the offence under Section 147 IPC and awarded the sentence of one year rigorous imprisonment, under Section 325/149 IPC and awarded the sentence of five years rigorous imprisonment with a fine of Rs.500/-, under Section 323/149 IPC and awarded the sentence of six months imprisonment with a fine of Rs.500/-and under Section 426/149 IPC and awarded the fine of Rs.50/-with default stipulations.

3. Apart from the aforesaid criminal appeal, State of U.P. has also preferred a government appeal against the said judgment and order with the prayer to reverse the acquittal of the accused-appellants under Section 302/149 IPC and convict them fo