Judgment

UNTWALIA, J.:- The six appellants in this Criminal Appeal were acquitted by the Sessions Judge of Faizabad in U. P. of all the charges levelled against them. The State filed appeal in the High Court of Judicature at Allahabad, Lucknow Bench. The High Court has allowed the appeal, convicted appellant Ram Kumar under Section 302 of the Penal Code and sentenced him to life imprisonment besides recording his conviction under Section 148 and Section 323 read with Section 149 of the Penal Code. Separate sentences have been awarded on those counts also but they have been directed to run concurrently. Appellants Ram Anjore, Ram Dawan, Ran Dawar Ram, Lakhan and Ram Nihore have been convicted under Section 147 and Section 323 read with Section 149 of the Penal Code. The sentence imposed is one year s rigorous imprisonment under each count with a direction that it shall run concurrently. They have preferred this appeal by special leave of this Court. Appellant Ram Kumar s appeal would also lie under Section 2 (a) of the SC (Enlargement of Criminal Appellate Jurisdiction) Act, 1970.

2. The scope and the power of the High Court in an appeal from the order of acquittal have been enunciate