K.T.THOMAS, J.

(1) ALL these appeals arise from the incident which was the culmination of the escalating confrontation between members of the Provincial Armed Constabulary (PAC) in the State of U.P. and the State Administration. On the night of 21.5.1973 the situation reached a saturating point when twelve members of the PAC died, 21 members of the force were injured while on the other side 2 armed men died and 123 injured. The investigating agency moved into action and arrested a large number of persons including the appellants herein. After completing the investigation, charge sheets were sent up against 165 persons for various offences including the offence under Section 302 read with Section 149 of the Indian Penal Code. The Trial Judge convicted 108 accused and acquitted fifty persons. During the pendency of the trial seven accused died.

(2) THE convicted persons filed appeals before the High Court of Allahabad. The State of U.P. also filed appeal against the orders of acquittal. By an elaborately considered judgment a Division Bench of the High Court of Allahabad dismissed l.he State appeals, and confirmed the conviction of seventeen convicted pe