JUDGMENT

Dipak Misra, J.

The present appeal calls in question the defensibility and the legal sustainability of the Judgment of conviction and order of sentence passed by the Division Bench of the High Court of Madhya Pradesh, Bench at Gwalior in Criminal Appeal No. 214 of 1995 whereby the High Court has dislodged the Judgment of acquittal recorded by the learned Additional Sessions Judge in respect of all the accused persons including the present appellant for the offences punishable under Sections 302, 323, 324 read with Sections 149 of the Indian Penal Code (IPC) and 148 IPC and proceeded to sentence each of the accused under Section 302 read with Section 149 of IPC and imposed rigorous imprisonment for life along with separate sentences for other offences with the stipulation that all the sentences would be concurrent. Be it noted, the appellant and one Mangal Singh were also tried under Sections 3 and 4 of the Explosive Substances Act, 1908.

2. The facts which are essential to be exposited for the disposal of this appeal are that on 7.1.1984 about 9.00 a.m. when Ratta, PW-7, was at his home, the accused persons, namely, Mangal Singh, Babbu, Jodhan, Kanchhedi, Bhinua, Ramswaroo