( 1 ) IN Sessions Trial No. 76-A of 1978 seven persons, namely Babu Singh, Kuber Singh, Guman Singh, Shatrughan Singh, Ram Asrey, Jai Karan Singh and Maiyadin faced the trial under Sections 148, 302/149, 307/149 and 380, IPC out of whom Babu Singh, Kuber Singh, Guman Singh and Shatrughan Singh were convicted under Sections 323, 302/149 and 380, IPC and sentenced respectively for six months R. I. imprisonment for life and one years R. I. These accused persons were acquitted of the charges under Sections 148, 307 and 149, IPC. Accused Ram Asrey, Jai Karan and Maiyadin were acquitted of all the charges.

( 2 ) THE State preferred Appeal No. 1308 of 1979 against the acquittal of Ram Asrey, Jai Karan and Maiyadin of all the charges and alsoagainst the acquittal of Babu Singh, Kuber Singh, Guman Singh and Shatrughan Singh of the charges under Sections 148, 307 and 149, IPC.

( 3 ) BABU Singh, Kuber Singh, Guman Singh and Shatrughan Singh preferred Appeal No. 177 of 1979 against their conviction under Sections 323, 302/149 and 380, IPC.

( 4 ) SINCE both these appeals arise out of the same judgment and common questions of law and facts are involved, both the appeals are taken