JUDGMENT

M.K. Mukherjee, J. - 26 persons including the 10 appellants were arraigned before the Sessions Judge, Jabbalpore for rioting, two murders and other allied offences. The trial ended in an acquittal or all of them; and aggrieved thereby the respondent-State of Madhya Pradesh filed an application seeking leave to appeal under Section 378 Cr. P.C. The High Court however granted leave only against the 10 appellants (the respondents therein). After hearing the parties the High Court allowed the appeal, set aside the acquittal of the 10 appellants and convicted and sentenced each of them for offences punishable under Sections 148, 325/149, 302/149 (one count) IPC. Aggrieved thereby the appellants have filed the present appeal under Section 379 Cr. P.C.

2. Briefly stated the prosecution case is on July 2, 1981 at or about 10. A.M. when Gajadhar (PW 3) alongwith his sons Bhagwat and Lakhanlal and wife Kusumbai were cultivating their land, which is at a short distance from their village, the accused persons came there variously armed. While the appellants Niranjan prasad and Narayan Prasad (since dead) had rifles with them the other appellants were carrying weapons like lathis, spea