Judgment

H.K. SEMA, J.- Ten accused persons were put to trial for the offence punishable under Sections 302, 147, 148, 149 IPC and Section 27 of the Arms Act before the IInd Additional Sessions judge, Arrah m Sessions Trial No. 366 of 1982. After conclusion of the trial, . the tnal court convicted Accused 2 Jagdish Singh Rai (the respondent herem) for the offences under Sections 302/148 IPC and under Section 27 of the A.rms A.ct. He was sentenced to undergo RI for life under Section 302 \PC and two Years Rl under Section 148 IPC. He was further sentenced to undergo RI for three years under Section 27 of the Arms Act. The remaining nine accused (not before us) were convicted under Section 302 with the aid of Section 149 and sentenced to undergo RI for life and two years RI under Section 148 respectively. Their sentences were, however, directed to run concurrently.

2. Aggrieved thereby, two appeals have been preferred before the High Court of Patna. Criminal Appeal No. 596 of 1986 was preferred by nine accused and Criminal Appeal No. 46 of 1987 was preferred by Accused 2 Jagdish Singh alias Jagdish Rai, separately. By a common judgment, the High Court acquitted all the accused. Hence,