JUDGMENT

M.K. Mukherjee, J.-The five appellants in these three appeals were tried for offences punishable under Sections 147, 304 (Para II) read with Sections 149, and 330 IPC. The allegations against them were that on September 17, 1982 they committed rioting and in course thereof caused bodily injuries to Phoola Devi of village Phera with a view to extorting confession from her which ultimately resulted in her death on September 23, 1982. The trial Court acquitted one of them namely, Sukhpal (the sole appellant in Criminal Appeal No. 460 of 1989) and convicted the other four under Section 304 (Part II) read with Section 34 IPC and sentenced each of them to suffer rigorous imprisonment for five years. Assailing the judgment of the trial Court the four convicts preferred an appeal and the State of Madhya Pradesh, in its turn, filed another appeal against the acquittal of Sukhpal and for enhancement of sentences of the other four appellants. In disposing of the two appeals by a common judgment, the High Court set aside the acquittal of Sukhpal and convicted him under Section 304 (Para II) read with Section 149 IPC and dismissed the other appeal. The above judgment of the High Court i