( 1 ) SPECIAL leave granted.

( 2 ) THIS appeal is directed against the judgment of the High Court of judicature at Patna dated 18-11-1995 and arises in the following circumstances: in Sessions Trial No. 39 of 1993, 25 persons including the appellants herein were sent up for trial for offences under Sections 302, 302/149 and 396 IPC before the learned Sessions Judge, Jehanabad. The trial court acquitted four accused of all the charges and the remaining 21 accused (the appellants herein) of the charges under Sections 302 and 302/149 IPC. The appellants were, however, convicted for the offence under Section 396 IPC and sentenced to undergo rigorous imprisonment for life. Against their conviction and sentence, the appellants filed an appeal in the High Court. During the hearing of the appeal, it came to the notice of the High Court that the statements of the appellants except that of appellant Janak Yadav had not been recorded under Section 313 Crpc. The High Court in this connection observed:"during the hearing of the appeals, it came to the notice of the Court that the statement of the accused-appellants (except that of Janak Yadav) have not been recorded. The trial Judge, Shri Ghans