JUDGMENT :

SANJAY KAROL, J.

1. This appeal calls into question the correctness of a judgment and order passed by the High Court of Chhattisgarh in Criminal Appeal No. 596 of 1992 by which the guilt of the accused and the sentence of imprisonment imposed in Sessions Trial No. 198 of 1988 vide a judgment dated 11.05.1992 stands confirmed.

2. Challenging their conviction, before us are three convicts-appellants, namely, Kamal Prasad (A-3); Shersingh (A-6) and Bhavdas (A-9).

3. The convict-appellants stand convicted of having committed an offence punishable under Sections 148, 302 read with 149, 307 read with 149, Indian Penal Code, 1860¹ [for Brevity “IPC”] and Sections 4/5 of the Explosive Substance Act, 1908 under which the sentence awarded varies from rigorous imprisonment for 3 years to life imprisonment, all to run concurrently.

BACKGROUND

4. Facts, as they emerge from the judgments of the Court below are:

4.1 On 17.04.1988 one Chetram was taking his son Kapildeo @ Guddu to the hospital for treatment with one Choubisram (PW-3) as a pillion rider. Upon reaching the house of accused Darasram, 11 persons attacked them with country made bombs as also Laathis and tabbal. Chetram received