ORDER

1.LEAVE GRANTED.

2. THE APPELLANTS HAVE CHALLENGED THE IMPUGNED JUDGMENT OF THE HIGH COURT WHEREBY THE SESSIONS COURT HAS BEEN DIRECTED TO TRY THE APPELLANTS AFRESH. THE FACTS RELEVANT FOR THE PRESENT PURPOSE LIE IN A NARROW COMPASS.

3. IN RESPECT OF AN INCIDENT DATED 14-4-1990 VARIOUS PERSONS WERE CHARGED FOR OFFENCE UNDER SECTIONS 302/149 OF THE INDIAN PENAL CODE AND OTHER OFFENCES. THE APPELLANTS IN THIS APPEAL WERE NOT MADE ACCUSED. THEY WERE, HOWEVER, SUMMONED UNDER SECTION 319 OF THE CODE OF CRIMINAL PROCEDURE AND WERE ARRAYED AS ACCUSED AFTER THE ENTIRE EVIDENCE HAD BEEN RECORDED AND ALSO AFTER THE STATEMENTS OF THE ACCUSED UNDER SECTION 313 HAD BEEN RECORDED, ARGUMENTS HEARD AND THE JUDGMENT HAD BEEN RESERVED. NOT ONLY THAT, AFTER THE APPELLANTS WERE SUMMONED UNDER SECTION 319 CR. PC THE PROSECUTION DID NOT EXAMINE AGAIN ALL PROSECUTION WITNESSES. OUT OF 16 WITNESSES, SIX WITNESSES WERE EXAMINED AND POLICE PAPERS WERE ALSO NOT SUPPLIED TO THEM.

4. THE APPELLANTS AND FOUR OTHERS WERE, HOWEVER, CONVICTED FOR OFFENCE UNDER SECTIONS 302/149 IPC AND OTHER OFFENCES AND RIGOROUS IMPRISONMENT FOR LIFE BESIDES FINE OF RS 10,000 WAS IMPOSED IN TERMS OF THE JUDGMENT AND ORDER OF