Judgment : Kundan Singh, J. 1. THIS appeal has been preferred against the Judgment and order dated 30.1.80, passed by Sri K. L. Sharma, the then IVth Addl. Sessions Judge, Allahabad, whereby each of the appellants Maiku, Jai Ram, Ram Surat. Chandrasi, Tillu, Bire and Banarasi have been convicted under Section 147, I.P.C. and sentenced to one year's R. I. They have further been convicted under Section 148, I.P.C. and sentenced to two years' R. I., each. They have also been convicted under Section 302, I.P.C. read with 149, I.P.C. and have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000, each. In default of payment of fine within a period of three months, the defaulter has been directed to undergo further rigorous imprisonment for a term of 2 years. The appellants have also been convicted under Section 307, I.P.C. with Section 149, I.P.C. and sentenced to ten years' R. I. and a fine of Rs. 1,000, each. In default of payment of fine within a period of three months, the defaulter has been directed to undergo further R. I. for two years. However, sentences passed under different counts were directed to run concurrently in Sessions Trial No. 372 of 1977. 2. THE prosecution case as set out in the F.I.R. was that on 18.10.77 Bhai Lai, the Informant, and his son Indal had gone with bullocks to plough their field, which was situate in north of the village Deoghat, within police station Dhumanganj, district Allahabad. At about 12.00 noon after ploughing, they left the plough there and were returning home with bullocks yoked. At that time, Indal was leading and the informant was following him. As soon as they reached near the Golwa mango tree, the informant noticed the appellants and co-accused Baisakhu, Maan and Sri Ram playing cards. When Indal passed a little ahead of the accused, Maiku, Jai Ram, Ram Surat and Chandrasi, who were armed with country-made pistols, started firing shots on his back. He fell down on receiving injuries and then Tillu gave him pharsa blows. Bire was armed with spear and rest of the accused, namely, Banarasi Baisakhu, Maan, Sri Ram were holding lathis. All of them, with an intention to kill, assaulted the informant and his son Indal with their respective weapons. Indal succumbed to his injuries on the spot. He fell down on receiving injuries and then Tillu gave him pharsa blows. Bire was armed with spear and rest of the accused, namely, Banarasi Baisakhu, Maan, Sri Ram were holding lathis. All of them, with an intention to kill, assaulted the informant and his son Indal with their respective weapons. Indal succumbed to his injuries on the spot. THE informant Bhai Lal also sustained gunshot, spear, pharsa and Lathi injuries on his body. THE incident was witnessed by Nokhey Lal, Suresh and various other persons who attracted to the scene of occurrence on hearing the alarm raised by the informant. THE witnesses reprimanded the accused, who thereafter had run away towards north. THE accused had old enmity with the complainant and his son and due to that reason, they committed murder of Indal and caused injuries to the informant in furtherance of their common intention to kill him also. Bhai Lal got scribed F.I.R. from one Munshi Lai and leaving the dead body under the Golwa mango tree, went to police station Dhuman Ganj, where it was lodged at 1.30 p.m. on 18.10.77, the distance of police station from the place of occurrence being about 2 1/2 miles. Ram Sagar Yadav, S. O., In charge (P.W. 8) took up the investigation in his own hand. He recorded the statement of Bhai Lal at the police station itself and then reached the place of occurrence at 3.10 p.m. where the inquest report was prepared by S. I. Ram Narain Singh on his dictation. THE other relevant papers were also prepared. THE dead body was sent to mortuary for post-mortem examination through constables Yagya Narain and Mohd. Yasin. THE Investigating Officer recorded the statements of Nokhey Lal, Suresh and other witnesses on the spot, inspected the spot and prepared a site plan on the pointing out of the witnesses. He took blood stained and unstained earth in custody and also prepared recovery memos thereof. THE Investigating Officer recovered the playing cards, Chappals, two empty cartridges and tikli from the spot and prepared recovery memos. He tried to search out the accused persons but none was found out. Maiku, Bire, Baisakhu, Sri Ram, Chandrasi, Tillu, Jai Ram and Maan were arrested and interrogated on 22.10.77, while accused Banarasi and Ram Surat were arrested 3 days thereafter, i.e., 25.10.77. THE blood stained earth was sent for examination to the Chemical Examiner and Serologist. He tried to search out the accused persons but none was found out. Maiku, Bire, Baisakhu, Sri Ram, Chandrasi, Tillu, Jai Ram and Maan were arrested and interrogated on 22.10.77, while accused Banarasi and Ram Surat were arrested 3 days thereafter, i.e., 25.10.77. THE blood stained earth was sent for examination to the Chemical Examiner and Serologist. Bhai Lal was medically examined by Dr. Sunil Verma (P.W. 4) at 3.15 p.m. on 18.10.77 and on his person, he found 7 incised wounds and one multiple circular superficial lacerated wound. Dr. G. S. Saxena performed autopsy on the dead body of Indal on 19.10.77 at 12.00 noon and he found 8 incised wounds and one firearm wound of entry on the corpse. After completing all other formalities of investigation then a charge sheet was laid in court against all the 10 accused persons. 3. IN order to bring home guilt of the accused, the prosecution examined 12 witnesses in all. Out of them, Bhai Lal P.W. 1, Suresh P.W. 2 and Nokhey Lal P.W. 6 are the witnesses of the factum of the incident, while Nanku Singh P.W. 7, Yagya Narain Chaubey P.W. 9, K. N. Arya P.W. 11, Ismail Haq P.W. 12 are official witnesses who have tendered their affidavits. 4. THE accused denied the prosecution case and pleaded not guilty to the charges. They have stated that they were falsely implicated in the present crime and the witnesses have deposed against them due to enmity. Bire alias Mahavir, However, took the plea of alibi and stated that he was not present in the village on the day of occurrence. According to him, he had gone to Karma Bazar to sell his bullocks. Maiku stated in his statement recorded under Section 313, Cr. P.C. that he had appeared as a witness against Indal, Amrit, Mitthu and Bhai Lal in a case. THE complainant party was trafficking in manufacture and sale of illicit liquor in connivance with the local police. Both the deceased and injured sustained injuries on different parts of body. All the witnesses were inimical to them and they had falsely deposed against them and that he will submit his written defence. He further stated that the field which is said to have been ploughed by Bhai Lal was not vacant. A crop was standing in that plot at the relevant time. All the witnesses were inimical to them and they had falsely deposed against them and that he will submit his written defence. He further stated that the field which is said to have been ploughed by Bhai Lal was not vacant. A crop was standing in that plot at the relevant time. Ram Surat, Sri Ram and Jai Ram had teased Pudinwa, sister of Suresh and in that connection, a panchayat was convened in the village. Suresh and Nokhey Lal were doing business of selling vegetables at the time of incident and in that connection, they use to go to the city in the morning and return to the village about 3 or 4 p.m. On the fateful day, they also returned to the village at about 3 or 4.00 p.m. Learned Addl. Sessions Judge after analysing the entire evidence on record held the appellants guilty of the offences charged with and accordingly, he convicted and sentenced as aforesaid. However, he found accused Baisakhu, Maan and Sri Ram not guilty of any of the offences levelled against them and, therefore, returned a verdict of acquittal in their favour. 5. WE have heard Sri A. D. Giri, learned Senior Counsel for the appellants, Sri N. K. Roy, learned counsel for the complainant and learned A. G. A. for the State. 6. AT the very outset, learned counsel for the appellants contended that it is a case in which the evidence of all the witnesses is false in respect of each aspect of the case and it is too difficult to sift the truth out of falsehood. According to him, the evidence of the witnesses is totally unreliable and conviction of the appellants is not sustainable at all. It was also contended by him that the evidence of the witnesses is inconsistent with the medical evidence and the witnesses examined by the prosecution were highly interested and partisan. We have closely and carefully examined the evidence available on record. Bhai Lal has admitted in his statement that Sahdev and Baladin are real brothers. Jhagru is son of Sahdev. Maiku appellant is son of Jhagru. Chandrasi and Banarsi accused are sons of Maiku. Chhedi is son of Baladin. Accused Ram Surat, Faqire and Amire are sons of Chhedi. Sri Ram, accused is son of Faqire. Dhanpatiya, daughter of Faqire was married to Nanku, son of Baisakhu accused. Jhagru is son of Sahdev. Maiku appellant is son of Jhagru. Chandrasi and Banarsi accused are sons of Maiku. Chhedi is son of Baladin. Accused Ram Surat, Faqire and Amire are sons of Chhedi. Sri Ram, accused is son of Faqire. Dhanpatiya, daughter of Faqire was married to Nanku, son of Baisakhu accused. Phulehiya, daughter of Baisakhu was married with Chandrasi accused. Tesiwariya, another daughter of Baisakhu was married with Gode Lal who is son of Maiku Lal, accused in this case. Bire accused and Baisakhu accused are real brothers. Maan accused is son of Bire accused. Tillu accused is son of Baisakhu accused. Thus 9 accused were inter se related. While Banarsi is son-in-law of Bhai Lai whose daughter Smt. Taraiya was married to the former. Sukhiya is mother of Nokhey Lal, witness. She is cousin buwa of Bhai Lal. Smt. Naginwa was married with Asherfi who is brother of Nokhey Lai. Suresh P.W. 2 is brother of Smt. Naginwa. Thus, from the above relationship, it is evident that the eyewitnesses examined in this case are also closely related to each other. 7. BHAI Lal P.W. 1 is an injured witness in this case. He sustained as many as 6 incised and one gunshot wounds. He deposed that he ploughed his field till noon. That field was 400 to 450 paces away from his house. At the time of incident, his son Indal was accompanying him. After tilling the field, he left plough in the field and while returning to home, the bullocks were ahead, his son Indal was behind the bullocks and he was following them. Both the bullocks were yoked. As soon as they reached near the Golwa Mango tree, they came across the accused who were sitting and playing cards. As soon as Indal proceeded ahead of the Golwa mango tree, Maiku fired a shot on his back from a close range with his pistol. Chandrasi, Ram Surat and Jai Ram also fired shots from their country- made pistols. After receiving the gun shots, Indal staggered and fell down on the ground in the field of Pachkauri 5 or 6 steps towards east of the foot-path. Tillu then assaulted Indal with pharsa. Bire also gave him one or two spear blows. The accused persons armed with lathis were battering their lathis in the sides of Indal. After receiving the gun shots, Indal staggered and fell down on the ground in the field of Pachkauri 5 or 6 steps towards east of the foot-path. Tillu then assaulted Indal with pharsa. Bire also gave him one or two spear blows. The accused persons armed with lathis were battering their lathis in the sides of Indal. The witness ran from north to east raising noise 'Mardala Katdala'. When he was raising alarm, Chandrasi, Ram Surat fired shots with their country-made pistols towards him. Tillu also assaulted him with a pharsa. Bire accused also assaulted him once or twice with his spear. The accused armed with lathis were hammering lathis on the ground at that time. He sustained pistol injuries on his head. He also sustained spear and pharsa injuries on the head and received some pharsa injuries on the left hand. Blood from his injuries fell down. His lungi, Baniyan, Gamchha were stained with blood. He also fell down on the ground after receiving the injuries. His son died at the spot after receiving the injuries. His son sustained injuries on his back, face, head, thumb, leg and other parts of his body. The injuries were bleeding. He was wearing Kurta, underwear, lungi at that time. All the clothes were stained with blood. The clothes were shown to him and he identified them as his own and that of his son. The incident was witnessed by Nokhey Lal, Suresh and others. After the incident, the accused persons ran away towards east. He sustained the gunshot injuries caused by Chandrasi while the shot fired by Ram Surat did not hit him. He admitted in his cross-examination that his daughter Taraiya was married to Banarsi accused, but she was issue- less and he did not want to send her to the house of Banarsi and Taraiya also did not want to go to the house of Banarsi. There was some enmity between this witness and Banarsi prior to the incident. Some quarrel had taken place between him and Banarsi about a year prior to the incident and Banarsi turned out Taraiya from his house. Banarsi had gone to take Taraiya and she was sent with him. It is incorrect to say that he made a statement about taking of Taraiya by Banarsi later on the advice of somebody. Some quarrel had taken place between him and Banarsi about a year prior to the incident and Banarsi turned out Taraiya from his house. Banarsi had gone to take Taraiya and she was sent with him. It is incorrect to say that he made a statement about taking of Taraiya by Banarsi later on the advice of somebody. He also deposed that Indal was at a distance of 1 1/2or2 steps from the southern mango tree. The accused stood up leaving the playing cards. After seeing the accused persons, Indal did not run away and continued in going on as usual. Maiku fired a shot closing the barrel of the pistol to the body of Indal. After receiving gun shot injuries, he ran 4 or 5 steps, writhed and fell down. Thereafter Chandrasi, Ram Surat, Jai Ram also fired shots. When he fell down, none of them fired any shot. He could not say whether shots fired by the three persons hit the deceased. After seeing the firing, he ran towards Sasur Khaderi Nadi raising alarm. When he was at a distance of 5 or 6 steps from the bank of Sasur Khaderi Nadi, he sustained gunshot injuries, at that time Chandrasi and Ram Surat were at a distance of 8 or 10 steps from him. From the beginning to end, only 5 or 6 shots were fired. He admitted that he dictated to the scribe of the F.I.R. that Maiku accused after standing and closing the barrel of the pistol on the back of Indal fired a shot. He was in a painful condition and hence the word 'fire' only was written in the F.I.R. When his contradiction in the statement of the witness recorded under Section 161, Cr. P.C. and the F.I.R. about firing a shot by Maiku closing the barrel of the pistol to the back of Indal was placed to the witness during cross-examination, the witness stated that though he made a statement to the I. O. that Minku fired the shot closing the pistol to the back of Indal as mentioned in the F.I.R. but he could not say why the Investigating Officer omitted to mention that fact in his statement. He also mentioned in the F.I.R. that Bire gave one or two spear blows to his son but that fact does not mention in the statement that he gave to the I. O. The witness has explained that omission by stating that he was very much perplexed and further the I. O. did not ask him about it. While in the witness box, the witness was put the F.I.R. and the statement made to the I.O. in which there was no mention of the fact that Chandrasi and Ram Surat fired shots towards him. He stated in his cross-examination that he got written true fact that he sustained pharsa, spear, lathi and gunshot injuries. The witness was confronted with the F.I.R. and the earlier statement recorded under Section 161. Cr. P.C. that he had got mentioned in the F.I.R. and told to the I.O. about the hammering of lathi on the ground and he perplexed. The witness deposed that he had mentioned about the assault in his statement and it could be understood whether it had hit or not. He had stated to the I.O. about the fact that he sustained pharsa, spear, lathi and gun shot injuries and that was true statement. In no way we can doubt his presence at the venue. 8. SURESH P.W. 2 deposed that he was grazing his she-buffalo on the med of Bhagwandin's field at about 12 noon, he saw Indal was ahead, while Bhai Lal was following. Maiku accused fired a shot on the back of Indal closing its barrel. Jai Ram, Chandrasi, Ram Surat also fired shots which hit Indal. He write and fell down in the field of Pachkauri near the footpath. Tillu and Bire also inflicted pharsa and spear injuries when he fell down. The accused who were armed with lathis were hammering the ground with their ends. The blood was bleeding from the injuries of Indal and his clothes were stained with blood. The blood also fell down on the ground. Bhai Lal was making alarm. Ram Surat and Chandrasi fired shot towards Bhai Lal from a distance of 8 or 10 steps. Bhai Lal sustained gunshot injuries. Tillu assaulted him with pharsa also. Bire also assaulted with spear. Bhai Lal sustained a number of injuries and they were bleeding. His clothes stained with blood. The blood also fell down on the ground. Bhai Lal also fell down. Bhai Lal sustained gunshot injuries. Tillu assaulted him with pharsa also. Bire also assaulted with spear. Bhai Lal sustained a number of injuries and they were bleeding. His clothes stained with blood. The blood also fell down on the ground. Bhai Lal also fell down. The incident was witnessed by Nokhey Lal besides him. He admitted in his statement that he had not disclosed about the incident to any person before hi3 deposition in the court. Later on, he stated that he told about the incident to the I.O. He also disclosed to the village people. He pointed out the place where he was grazing his buffaloes to the I.O. It is wrong to say that the place of occurrence was not visible from the place where he was grazing his she- buffaloes. He deposed that he had stated to the I.O. that Maiku fired a shot on the back of Indal closing its barrel. When his statement recorded under Section 161, Cr. P.C. was noticed to him, the witness replied that he might have not told to the I.O. as that fact might not have been inquired by the I.O. In the similar way, he told the I.O. that Bire gave spear blow to Indal. When he was asked as to why this fact did not find place in the statement recorded under Section 161, Cr. P.C, the witness replied that the I.O. might have not written. In the similar way, he deposed that he had disclosed to I.O. that the persons who were armed with lathis were hammering the ground by the bottom of the lathis. When the witness was confronted with his statement recorded under Section 161, Cr. P.C, the witness tried to justify that he told the I.O. that the accused persons who were armed with lathis were hammering the ground. The accused holding spear used it in piercing way. The person holding spear gave two spear blows in piercing manner to Bhai Lal. The accused holding spear gave spear blow to Indal also. P.C, the witness tried to justify that he told the I.O. that the accused persons who were armed with lathis were hammering the ground. The accused holding spear used it in piercing way. The person holding spear gave two spear blows in piercing manner to Bhai Lal. The accused holding spear gave spear blow to Indal also. Nokhey Lal P.W. 6 corroborated the statement of P.W. 1 and P.W. 2 and deposed that he was going to Sasur Khaderi Nadi for bath at about 11.30 or 12 in the day, he saw, as soon as Indal was proceeding ahead the Golwa Mango tree following his bullocks, Maiku fired a shot by his country-made pistol on Indal from a distance of 1 1/2 or 2 steps. After receiving the gun shot injuries, Indal fell down trembling in the field of Pachkauri 4 or 5 steps from the footpath. Thereafter Ram Surat, Chandrasi, Jai Ram also fired shots. When Indal fell down, Tillu and Bire inflicted injuries on the body of Indal with pharsa and spear respectively. Bhai Lal was raising alarm for calling the village people that Indal was being assaulted. Ram Surat also fired a shot on Bhai Lal but it could not hit as he bent his head towards the ground. By that time. Chandrasi fired a shot by his country-made pistol which hit on the head and he fell down. Tillu and Bire reached there and started to assault with pharsa and spear respectively. Baisakhu, Maan, Sri Ram and Banarsi, who were armed with lathis, were hammering grounds with the end of lathis and exhorting other accused persons. They also threatened and warned the witnesses not to intervene otherwise they will face same consequences. Various village people making noise reached there. The accused persons ran away towards east. Indal died at the spot as a result of injuries sustained by him. Bhai Lal also sustained various injuries. The place where Indal and Bhai Lal fell down, the blood also fell down. After the incident, the nephew of Bhai Lal brought a cot and took him to his house on the cot and then to police station. He admitted that Asharfi is his real brother. Naginwa is his wife and she is real sister of Suresh witness of this case. He stated that he could not say that the shots fired besides Maiku, hit Indal or not. He admitted that Asharfi is his real brother. Naginwa is his wife and she is real sister of Suresh witness of this case. He stated that he could not say that the shots fired besides Maiku, hit Indal or not. Maiku fired shot from a distance of 1 1/2 or 2 steps which hit Indal, he trembled and fell down in the field. Soon after Ram Surat, Chandrasi, Jai Ram also fired. Those shots hit Indal or not he had not stated about this fact to I.O. as he was not enquired about this fact. Due to this reason he might have not told the I.O. When the witness was confronted with his statement given to the I.O. that Ram Surat proceeded ahead and fired a shot to Bhai Lal but in order to have, he bent his head and that shot did not hit him and Chandrasi fired a shot by his country made pistol to Bhai Lal which hits his head and fell down, he was unable to explain why the I.O. had not recorded so. Spear and pharsa blows were given to Indal when he fell down and he was trembling at that time. 9. IN this case, Bhai Lal is father of the deceased, who sustained gunshot and incised wounds. The incident took place at 12.00 noon, i.e, in broad day light. He was taken from the place of occurrence to his house on a cot where the F.I.R. was scribed by one Munshi Lal on his dictation. Thereafter he was taken to the police station, which was 2 1/2 miles from the place of incident, on the cot and the F.I.R was lodged there at 1.30 p.m. within 1 1/2 hours. Bhai Lal was taken to Moti Lal Nehru Hospital where he was medically examined at 3.15 p.m. on the same day, Le., 18.10.77. This fact clearly indicates that Bhai Lal was present at the time of incident and his presence at the scene of occurrence in no way can be said to be doubtful. 10. IT is consistent testimony of the witnesses that Maiku fired a shot on the person of the deceased and shot fired by Chandrasi hit Bhai Lal. Tillu inflicted pharsa injuries on the person of the deceased as well as Bhai Lal. The shot fired by Jai Ram and Ram Surat did not hit the deceased or the injured. 10. IT is consistent testimony of the witnesses that Maiku fired a shot on the person of the deceased and shot fired by Chandrasi hit Bhai Lal. Tillu inflicted pharsa injuries on the person of the deceased as well as Bhai Lal. The shot fired by Jai Ram and Ram Surat did not hit the deceased or the injured. So far as the participation of Bire is concerned, the witnesses stated that he used spear for piercing it and inflicted Injuries but neither the deceased nor the Injured sustained any punctured or stab wound. Dr. G. S. Saxena stated that if the spear is used in a piercing manner, injury No. 1 could have been inflicted. He further stated that if the spear is used in a piercing manner the wound will not have inverted or averted margins but have sharp cut margins. Injury No. 1 could only be inflicted by a weapon which had sharp edge. Doctor has not stated that injury No. 1 could have been inflicted by a pointed weapon. According to Dr. Sunil Verma P.W. 4, injury No. 4 sustained by the injured could be of a spear, if the spear had not entered the wound. The witnesses have not stated that the spear was used as lathi. There is a recital in the F.I.R. lodged by the injured himself that his son died instaneously at the spot after receiving gunshot and pharsa injuries. There is no mention in the F.I.R. that the deceased also sustained spear injuries. We are constrained to hold that neither the deceased nor the injured sustained any spear injury allegedly used by Bire appellant. Similarly neither the deceased nor injured sustained any lathi injury. Admittedly, no lathiwala inflicted any lathi injury to the deceased or the injured. The Doctor who conducted the post-mortem examination of the deceased and medically examined Bhai Lal injured did not find any injury which could have been inflicted by lathi. Even according to the testimony of the witnesses, the lathiwalas were hammering the ground with butt ends, exhorting other accused persons and terrorising the witnesses. We share with the view of learned Addl. Sessions Judge regarding participation of Baisakhu, Maan and Sri Ram but we are unable to agree with him that had Banarsi not participated in the incident Bhai Lal would not have falsely implicated his son-in-law in the present case. We share with the view of learned Addl. Sessions Judge regarding participation of Baisakhu, Maan and Sri Ram but we are unable to agree with him that had Banarsi not participated in the incident Bhai Lal would not have falsely implicated his son-in-law in the present case. The involvement of Banarsi may be possible due to the reason that he had turned out Taraiya, daughter of Bhai Lal, from his house prior to the incident. Participation of the appellants Bire, Jai Ram, Banarsi and Ram Surat does not find corroboration from the medical evidence. They may or may not have been present at the scene of occurrence but as a matter of abundant precaution, we are not placing reliance on the testimony of the witnesses regarding participation of Bire, Jai Ram, Banarsi and Ram Surat. Hence, they are entitled to their acquittal. The evidence of eye-witnesses Bhai Lal, Suresh and Nokhey Lal is consistent on all the material points and finds corroboration from the medical evidence regarding participation of Maiku, Chandrasi, Tillu. They are responsible for causing death of Indal and also for causing injuries to Bhai Lal. Non-mention of specific role of Maiku, Chandrasi and Tillu appellants in connection with the causing of specific injuries to the deceased and the informant in the F.I.R., statement recorded under Section 161, Cr. P.C. is not addition, alteration, inconsistency or improvement in the prosecution case, which is only omission which does not detract from the testimony of the witnesses. In the facts and circumstances of the case, the evidence of Bhai Lal P.W. 1, Suresh P.W. 2, Nokhey Lal P.W. 6 inspires confidence regarding guilt of the aforesaid 3 appellants. Their conviction and sentence under Sections 302/149 and 307/149, I.P.C. are liable to be converted into Sections 302/34 and 307/34, I.P.C. and their conviction and sentence under Sections 148 and 147, I.P.C. are liable to be set aside. Accordingly, the appeal of appellants Bire, Jai Ram, Banarsi and Ram Surat succeeds and is hereby allowed. Their conviction and sentences under Sections 147, 148, 302/149, 307/149, I.P.C. imposed upon them by the trial court are set aside and they are acquitted of all the offences charged with. 11. Accordingly, the appeal of appellants Bire, Jai Ram, Banarsi and Ram Surat succeeds and is hereby allowed. Their conviction and sentences under Sections 147, 148, 302/149, 307/149, I.P.C. imposed upon them by the trial court are set aside and they are acquitted of all the offences charged with. 11. THE appeal of the remaining appellants, namely, Maiku, Chandrasi and Tillu fails and is hereby dismissed with the modification, their conviction under Sections 302/149 and 307/149, I.P.C. are converted into Sections 302/34 and 307/34, I.P.C. and the sentence passed under the main offences by the learned Addl. Sessions Judge, Allahabad are maintained. However, their conviction and sentence under Sections 148 and 147, I.P.C. are set aside. They are on bail. They shall surrender to their bail bonds and be taken into custody to serve out their sentence. Appeal dismissed.