Chakradhari Sharan Singh, J. – We consider it apt to take note of certain facts which are essential for adjudicating upon the core issue involved in the present appeal filed under Section 374(2) of the Code of Criminal Procedure 1973 (CrPC in short).

2. Shahpur P.S. Case No. 16 of 2004 was registered on 08.02.2004 naming 12 persons as accused including these appellants, alleging commission of the offences punishable under Sections 147, 148, 149, 323, 324, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act. We are not entering into the nature of accusation in view of the nature of order which we are going to pass in the present appeal, in the peculiar facts and circumstances of the case.

3. It is manifest from the records that initially, after the investigation, the Investigating Officer had submitted charge-sheet against six persons, namely, Rama Shankar Gond (Appellant No. 1), Mohan Gond (Appellant No. 6), Santosh Gond (Appellant No. 4), Tejan Gond (Appellant No. 2), Baban Gond, Upendra Gond (Appellant No. 4) for commission of the offences punishable under Sections 147, 148, 149, 323, 324, 307 and 302 of the I.P.C. and Section 27 of the Arms Act and kept the investi