JUDGMENT :

Pradeep Nandrajog, J.

Heard learned counsel for the parties.

2. At the outset, we must record our surprise at the manner in which the learned Trial Judge has proceeded to decide the fate of the Accused in Sessions Case No.278 of 2001 and Sessions Case No.358 of 2001. Wherefrom two sessions case numbers have been assigned would emerge from the subsequent facts.

3. In a common charge-sheet filed, 28 Accused were sent for trial charged of having committed offences punishable under Sections 302, 307, 323, 147, 148 and 149 IPC.

4. The evidence was led.

5. On 26th April, 2002, 22 Accused (A-6 and A-8 to A-28) were acquitted and we find no discussion in the said judgment. Mercifully for us, the State has not filed an Appeal against the acquittal of the said 22 Accused. Three days' later on 29th April, 2012, fate of remaining 6 Accused (A-1 to A-5 and A-7) has been decided. This is the reason why two sessions case numbers have been assigned.

6. In this background, we note that in Appeal No.1154 of 2002, the State is aggrieved by the conviction of Accused No.1 and Accused No.3 for the offence punishable under Section 304 Part I IPC read with Section 34 IPC. The State wants the convictio