JUDGMENT

Criminal appeal No. 108 of 1981 is taken on board along with Criminal appeal No; 102 of 1981.

2. The above two appeals are preferred by the appellants in the respective cases challenging the correctness of the common judgment rendered by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeals Nos. 425 and 397 of 1975, respectively. For the convenience and proper understanding of the case, we would like to refer the appellants herein in the order as arrayed in the trial court. The appellants in the Criminal Appeal No. 102 of 1981 were accused Nos. 2-4 before the trial court and the appellant in Criminal Appeal No. 108 of 1981 was Accused No. 5. As we have come to know during the hearing of C.A. No. 102/81 that there is another connected criminal appeal being criminal appeal No. 108 of 1981 preferred by the 5th accused, we, after issuing notice to the learned counsel Dr. N. M. Ghatate, have called for the file of the criminal appeal No. 108 of 1981 and heard that appeal also along with criminal appeal No. 102 of 1981.

2A. The brief facts of thc case are as follows:-

On 5-7-74, the deceased Ravi Tiwari along with his friends viz. Shiv Shankar (P.W. 1), Munnilal (P.W. 2)