ORDER

A stage show on the night to October 19, 1983 turned into a carnage in which four persons were dead and others were very seriously injured. Virtually a pandemonium broke out when the stage show was in full swing. Some spectators stabbed some others resulting in the aforesaid carnage. The police charge-sheeted seven persons as assailants. When those seven persons were facing trial one of them (A-7 Ali Hasan) died and hence the trial proceeded only in respect of the remaining six persons. The trial Judge convicted all the six persons under Sections 302, 307 read with Section 149 of the Indian Penal Code besides the offence of rioting under Section 148 of the Indian Penal Code and has chosen to award the extreme penalty known to law as for all the six persons for the major offence.

2. When the convicted persons filed appeals before the High Court they passed through a queer career. At one stage a Division Bench of two Judges of the High Court heard the appeals at great length, but they differed from each other as to the verdict to be pronounced. One of them opined that all the convicted persons are liable to be acquitted in toto while the other Judge was inclined to uphold the co