JUDGMENT

C. NAGAPPAN, J. –

1. Leave granted in both the special leave petitions.

2. Both the appeals have been preferred against the common judgment dated 31.1.2012 of the Division Bench of the High Court of Chhatisgarh, Bilaspur, in Criminal Appeal No.12 of 2007 and Criminal Appeal No.331 of 2007. The appellants herein Nagesar and Khetro accused Nos. 6 and 7 respectively, in Sessions Trial No.232 of 2005 on the file of 10th Additional Sessions Judge (FTC) Durg, were tried along with five other accused and all of them were convicted for the offence under Sections 147, 148 and 302 IPC and each of them was sentenced to undergo rigorous imprisonment for one year and pay a fine of Rs.1000/- and in default to undergo rigorous imprisonment for two months for offence under Section 147 IPC; one year rigorous imprisonment and to pay a fine of Rs.2000/- each and in default to undergo rigorous imprisonment for three months for the offence under Section 148 IPC and life imprisonment and to pay a fine of Rs.3000/- in default to undergo six months imprisonment for the offence under Section 302 IPC and the sentences were directed to run concurrently.

3. Aggrieved by the conviction and the sentences a