Judgment

KHANNA, J.:- Jainul Haque and 12 others were convicted by learned Assistant Sessions Judge Muzaffarpur under Sections 147, 323 and 447 Indian Penal Code and were sentenced to undergo on that account various terms of imprisonment. Jainul Haque and the two others were also convicted under Section 304 read with S. 34 Indian Penal Code and each one of them was sentenced to undergo rigorous imprisonment for a period of seven years on that account. Ainul Haque, who too was an accused, was convicted under Section 304 Indian Penal Code, Charge was also framed against Jainul Haque under Section 379 Indian Penal Code but he was acquitted in respect of that charge. On appeal the Patna High Court acquitted 10 of the accused. The conviction of two of the accused. namely, Mainul Haque and Abdul Majid, was maintained under section 323 Indian Penal Code. The conviction of Jainul Haque was altered to that under Section 323 read with Section 114 Indian Penal Code and he was sentenced to undergo rigorous imprisonment for a period of six months. The conviction of Jainul Haque as well as of Mainul Haque and Abdul Majid for the other offences was set aside. Jainul Haque thereafter came up in app