Judgment

UNTWALIA, J.:- There are nine respondents in this appeal filed by the State of Haryana on grant of special leave by this Court. The trial Court convicted each of the said respondents under Sec. 302 read with S. 149 of the I. P. C. and awarded life imprisonment to each. They were further convicted under S. 325 read with S. 149 and for the offence of rioting. The High Court of Punjab and Haryana has acquitted Prabhu, respondent No. 1 and Hoshiar, respondent No. 6 of all the charges accepting their plea of alibi. It has maintained the conviction of other seven respondents only under S. 325 read with Sec. 149 of the Penal Code and not under S. 302 read with S. 149. A sentence of seven years rigorous imprisonment has been awarded to Sheoram plus a fine of Rs. 2,000/- and the others have been given a sentence of three years rigorous imprisonment plus Rs. 1,000/- fine, each. They did not challenge their conviction in this Court by filing an appeal. We were informed at the Bar that all the convicted respondents have served out their sentences. The State had presented this Appeal for setting aside the acquittal of Prabhu and Hoshiar and for convicting them along with other responden