DEEPAK VERMA,J. - (1.) Heard Sri Arvind Kumar Srivastava and Sri Siya Ram Sahu, learned counsels for the appellant No.1, Sri Ram Singh and Sri J.N.Yadav, learned counsels for appellant Nos.2, 4 and 5 and Sri L.D.Rajbhar, learned AGA assisted by Sri Prem Shankar Mishra for the State-respondent.
(2.) The instant appeal has been filed by accused-appellants Kuber Singh, Naresh Singh, Awadesh Singh, Chandra Shekhar Singh and Sukhbeer Singh against the judgment and order dated 11.04.1996 passed by Sessions Judge, Banda, whereby the appellants have been convicted and sentenced in Sessions Trial No.187 of 1991 convicting the appellant nos.1 and 2 namely Kuber Singh s/o Barku Singh Thakur and Naresh Singh s/o Ramadhar Thakur, under section 148 I.P.C. to undergo rigorous imprisonment for a period of two years each, further sentencing them to undergo imprisonment for life under section 302 read with section 149 I.P.C. and convicting the appellant nos.3, 4 and 5 namely Awadhesh Singh, Chandra Shekhar Singh and Sukhbeer Singh all sons of Ramadhar Thakur have been sentenced under section 147 I.P.C. to undergo rigorous imprisonment for a period of one year each of the appellants and sentenced under section 302 read with section 149 I.P.C. to undergo rigorous imprisonment for life, all the sentences were directed to run concurrently.
(3.) The facts giving rise to the present appeal may be summarized as under:-;