Judgment

BHAGWATI, J.:- This appeal, by special leave, arises out of a judgment of the High Court of Madhya Pradesh. Twenty-three persons were prosecuted in the Court of the Third Additional Sessions Judge, Bhopal on various charges under Section 147 and Section 302 read with Section 149 of the Indian Penal Code. Out of these twenty-three persons, seventeen, including Than Singh and Bhawani, were acquitted by the Sessions Court, of the remaining six Pyare was convicted under Sections 302 and 147 and sentenced to rigorous imprisonment for life for the former offence and two years rigorous imprisonment for the latter, both sentences being directed to run concurrently. The remaining five, namely, Mehtab Singh, Ram Singh, Sukhram, Maniram and Nandram were found guilty only under S. 147 and sentenced to rigorous imprisonment for two years. Being aggrieved by the order of conviction and sentence, Pyare, Mehtab Singh, Ram Singh, Sukhram, Maniram and Nandram preferred Criminal Appeal No. 672 of 1967 anal the State of Madhya Pradesh also preferred Criminal Appeal No. 777 of 1967 against the acquittal of Mehtab Singh, Ram Singh, Sukhram, Maniram and Nandram under Section 302 read with Section