JUDGMENT

NATARAJAN, J. :— This appeal by special leave is directed against the judgment of the High Court of Patna in Criminal Appeal No. 407 of 1976 preferred by the State against the acquittal of A-1 to A-15 by the 1st Additional Sessions Judge, Muzaffarpur of charges under S. 302 read with S. 149/302 read with S. 34, I.P.C. for having committed the murder of one Kumar Gopal Singh at about 9.30 p.m. on 24-2-1969 at village Bishunpur Kamdeo, District Muzaffarpur. A16 Dinesh Singh was directly charged under S. 302. I.P.C. in addition to being charged under S. 302, I.P.C. read with Ss. 149 and 34, I.P.C. The 1st Additional Sessions Judge, Muzaffarpur convicted A-16 Dinesh Singh under S. 302, I.P.C. but acquitted A-1 to A 15 of the charges under S. 302 read with Ss. 149 and 34 I.P.C. During the pendency of the appeal against acquittal, A-2 and A-6 died and hence the appeal abated as against them. The High Court confirmed the acquittal of A-1 and A-9 as their names were not mentioned in the fardbeyan and convicted the rest of the accused viz. A-3 to A-5, A-7, A 8 and A-10 to A-15. The appeal preferred by A-16 Dinesh Singh was dismissed by the High Court and he has not preferred any ap