JUDGMENT

K, Venkataswami. J.-Criminal Appeal Nos. 185 to 187 of 1988 :

The above three Criminal Appeals arise out of a judgment and older in Criminal Appeal No. 42 of 1979 on the file of the High Court of Himachal Pradesh dated 25.9.1979.

2. The appellants in Criminal Appeal Nos. 185 and 187 of 1988 were convicted by the learned trial Judge under Sections 148, 452. 427 and 325 read with Section 149 IPC. However, the learned Sessions Judge dealt with the convicted accused under Section 360 of the Criminal Procedure Code and instead of sentencing them to any punishment directed them to be released on their entering into a bond in the sum of rupees ten thousand with one surety for the like sum in each case undertaking to appear and receive sentence when called upon during a period of 2 years from the date of judgment and in the meantime to keep peace and be of good behaviour. The State aggrieved by the Judgment of the learned Sessions Judge preferred appeal to the High Court. On appeal, the High Court enhanced the sentence of the accused/appellants to rigorous imprisonment for a period of five years under Section 304 Part (II) read with Section 149 IPC. It also awarded sentence of R.I.