JUDGMENT

D.K. Jain, J. —

1. The State of Maharashtra has preferred these five appeals, by special leave, against the common judgment and order of the High Court of Judicature at Bombay, in Criminal Appeals No.240, 241, 273, 381 of 1995 and Criminal Revision No.156 of 1995. By the impugned order the High Court, while allowing all the criminal appeals preferred by the convicts and dismissing the criminal appeal and criminal revision preferred by the State, has affirmed the order passed by the Additional Sessions Judge dated 25th April, 1995, acquitting respondents No.1 to 3 herein, of the charge under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short ‘the I.P.C.’) and has set aside the order of the Trial Court convicting the said respondents for offence under Section 456 read with Section 109 I.P.C. Conviction of respondents No.4 and 5 for the offence under Section 456 I.P.C. has also been set aside by the High Court.

2. The backdrop under which the alleged occurrence took place on 27th April, 1989, in brief, is as follows:

By an agreement of leave and licence dated 28th July, 1988, Ahmed Shaikh, (accused A-1), the owner of Flat No.H-14, 3rd Floor, Zohra Agad