Judgment :-

R.M. Lodha, J.

This criminal appeal by special leave is directed against the judgment of the High Court of Judicature at Bombay whereby the Division Bench of that Court upturned the judgment of acquittal passed by the IInd Additional Sessions Judge, Raigad in respect of the present appellants and convicted them for the offences punishable under Section 302 read with Section 149, section 326 read with 149 and Section 148, IPC and sentenced them to suffer imprisonment for life and different period of sentence under other counts along with fine and default stipulation.

2. Nineteen persons were arraigned before the Trial Court for the offences under Sections 147, 148, 302 read with Section 149, section 302 read with section 34, section 307 read with section 149 and section 326 read with section 149, IPC. Trial Court

acquitted all of them. The prosecution challenged the judgment of acquittal before the High Court of Judicature at Bombay. The High Court granted leave to appeal against fourteen accused persons only. As against remaining five accused, leave was refused. During the pendency of appeal, one of the accused, against whom leave was granted, died. Of the remaining thir