ORDER

1. The Sessions Judge, Shivpuri in the State of Madhya Pradesh tried eight accused persons for the offence under Section 302 read with Section 149 of the I.P.C., Section 326 read with Section 149 of the I.P.C. and other allied offences. All the accused were found guilty of the offences charged against them and for the main offence punishable under Section 302 read with Section 149 of the I.P.C. all were convicted and sentenced to undergo imprisonment for life and for the remaining offences they were sentenced to undergo rigorous imprisonment. The accused persons preferred two appeals before the High Court of Judicature of Madhya Pradesh, namely, Criminal Appeal Nos.242/1991 and 253 of 1991. The Division Bench of the High Court of Madhya Pradesh by its judgment dated 3.1.2003 set aside the conviction and sentence imposed against the accused who were the appellants before it. Aggrieved by the same, the State preferred Criminal Appeal Nos.1362- 1363 of 2004. Though there were eight accused persons, only four accused were arrayed as party respondents in the said appeals namely, Sughar, Laxman, Onkar and Ramesh. Other accused, namely, Bhoja, Raghubir, Puran and Balbir were not imp