JUDGMENT

S. M. FAZAL ALI, J. :- This appeal by special leave is directed against a judgment of the Patna High Court dated 27th September, 1972. The appellants were tried by the Sessions Judge under S. 302/149/148/147 and S. 323 of the Indian Penal Code and the learned Judge after considering the evidence, acquitted all the accused. Thereafter, the State filed an appeal in the High Court against the order of acquittal passed by the Sessions Judge and the High Court reversed the order of acquittal of the appellant and convicted them as follows :-

Nawratan Mahto, Sundar Mahto and Darsani Mahto were convicted under S. 302/34 and were sentenced to undergo R.I. for life. Dhanpat Mahto, Barho Mahto, Jageswar Mahto, Pago Mahto Darsani Chamar and Karu Mahto were convicted under S. 326/149 and sentenced to undergo R.I. for three years. Nawratan Mahto, Darsani Mahto, Dhanpat Mahto, Jageswar Mahto were convicted under S. 148 I.P.C. and sentenced to undergo R.I. for two years. Sundar Mahto, Barho Mahto, Pago Mahto, Darsani Chamar and Karu Mahto were convicted under S. 147 I.P.C. and sentenced to undergo R.I. for one year. Dhanpat Mahto was also convicted under S. 324 I.P.C. but no separate sent