Serna, J. -- 1. This appeal by special leave is preferred by the State against the judgment of the High Court whereby and whereunder the sentences and convictions imposed by the trial Court have been set aside by allowing the appeal, preferred by the accused.

2. The accused Mishrilal s/o Balmukund Jaiswal, Madhusudan s/o Mishrilal, Jamunaprasad s/o Mishrilal, Radhakishan s/o Ganpat Kalal, Vinod Kumar s/o Babulal Kalal, Hukumchand s/o Shankerlal Kalal, Jagdish s/o Shankarlal Kalal, Rajendra Kumar s/o Babulal Kalal and Ashok Kumar s/o Mishrilal Kalal were tried in Sessions Trial No. 73 of 1987 whereby the second Addl. Sessions Judge, Dewas, convicted accused Ashok under sections 302, 307 read with sections 149 and 148, IPC, and section 25 of Arms Act; accused Jamunaprasad under section 307, 302 read with sections 149 and 148, IPC, and the remaining accused under section 302 read with sections 149, 307 read with section 149 and section 148 of the IPC and sentenced all the accused .to pay a fine of Rs. 250/- each and in default to undergo imprisonment for one month under section 148, IPC; sentenced accused Ashok to suffer imprisonment for life under section 302, IPC, and to pay a f