N.Santosh Hegde, J.

The eleven accused whose appeal before the High Court of Judicature at Patna came to be dismissed, have preferred the special leave petition before this Court from which this appeal arises. On 7.12.2001, this Court dismissed the appeal Kamala Roy, petitioner No.6 in the said SLP since he did not surrender before preferring the SLP. This Court granted leave to appeal in regard to the other 10 appellants, hence, this appeal is now confined to the said 10 appellants only.

2. Before the learned Additional Sessions Judge, Buxar in Sessions Trial No. 438/92, 13 persons including 10 appellants herein, were charged for offence punishable under Section 302, Sec. 302 read with Sec. 149 for having caused the death of one Rajendra Kanu on 24.6.1991 at village Dhobahi, Police Station Dhansoi, Buxar. During the pendency of trial, one of the accused persons - Govind Rai - died, hence, the proceedings against him abated. Learned Sessions Judge convicted one Sohai Lohar under Section 302 IPC while other 11 persons including Kamala Roy whose appeal has since been dismissed by this Court, were convicted under Section 302 read with Sec. 149 IPC. The High Court in the appeal filed by