Hon’ble Prafulla C. Pant, J. (Oral) :

This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (herein after referred as Cr.P.C.), is directed against the judgment and order dated 05.06.01.1994, passed by learned Sessions Judge, Chamoli, at Gopeshwar, in Sessions Trial No. 22 of 1992, whereby accused/appellants namely Bhagat Singh and Darwan Singh, are convicted under Sections 147 and 302 read with Section 149 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.) and accused/appellants Birendra Singh and Narain Singh, are convicted under Section 148 I.P.C. and 302 read with Section 149 of I.P.C. Each of the convicts namely Bhagat Singh and Darwan Singh has been sentenced to rigorous imprisonment for a period of one year under Section 147 I.P.C. and to imprisonment for life under Section 302 read with Section 149 I.P.C. And each of the accused/appellants Birendra Singh and Narain Singh has been sentenced to undergo rigorous imprisonment for a period of two years under Section 148 I.P.C. and imprisonment for life under Section 302 read with Section 149 I.P.C.

2. Herd learned counsel for the parties and perused the lower court record.

3. Prosecution