JUDGMENT

Dr. A.S. Anand, J.-For an occurrence which took place at about 11.30 A.M. on 29th September, 1978, in the Bazar in village Barauli, District Gopalganj, 11 accused persons were sent up to face their trial for offences under Sections 302/149/148 IPC. The First Information Report in respect of the occurrence was lodged on 29th September, 1978 at police station Barauli on the statement of Paras Nath Choubey (PW6) brother of the deceased, recorded at the hospital. The learned Additional Sessions Judge vide judgment and order dated 22nd July, 1983 acquitted Mishri Bhaghat but convicted the remaining 10 accused for offences under Sections 302/149/148 IPC. Each of the 10 accused was sentenced to undergo imprisonment for life for an offence under Sections 302/149. No separate sentence was imposed on any one of the accused for an offence under Section 148 IPC. Against their conviction and sentence, all the 10 convicts filed three different set of appeals. The Division Bench of the High Court vide judgment and order dated 24th August, 1995 acquitted Sarwa Prasad (appellant No. 5 in the High Court). The conviction and sentence of the remaining 9 convicts was, however, maintained. By Sp