A.K.SIKRI,J. - (1.)After hearing these appeals, the same were allowed with the following order:
"The parties have completed their arguments. It is 03.58 p.m. Therefore, it is not possible to dictate the judgment in full.

We are allowing these appeals. The detailed judgment shall 2 follow.

This short order is passed because of the reason that two of the appellants namely Bhola and Khalil are in jail. We direct that the appellants namely Bhola and Khalil shall be released on bail forthwith, if not required in any other case."

(2.)We hereby give our reasons in support of the aforesaid conclusion.
(3.)In these four appeals, appellants were accused, along with two more persons for committing offence punishable under Sec. 302 read with Sec. 34. The appellants are Ramesh, Bhola, Paramjeet Singh and Khalil. Accused Paramjeet Singh and Ramesh were also charged under Sec. 25 of the Arms Act. Respective charges were framed against the persons under the aforesaid provisions. The accused persons pleaded innocence. Prosecution led its evidence. The accused persons did not examine any witness in defence but in the statements recorded under Sec. 313 of Code of Criminal Procedure (for short, 'Cr.P.C.') they denied the charges levelled against them. Their version was that of total denial and false implication. The learned Additional Sessions Judge/Special Judge, Nainital, vide judgment dtd. 28/4/1997 acquitted all the accused persons of all the charges, as according to the trial court, the prosecution had totally failed to prove the case against the accused persons. Specific finding was recorded to the effect that it was a case of no evidence relating to blind murder which had taken place in the midnight. Feeling aggrieved by this judgment of acquittal, the State Government preferred appeal in the High Court. The High Court has, vide impugned judgment dtd. 7/4/2010 overturned the verdict of the trial court, holding that the entire evidence on record leads to the conclusion that these four persons had committed the offence with which they were charged. They are, accordingly, convicted for commission of offence punishable under Sec. 302 read with Sec. 34 of Indian Penal Code (for short, 'IPC') and sentenced to undergo imprisonment for life. A fine of Rs.5000.00 on each of these accused persons has also been imposed with further stipulation that in default of payment of fine the convicted persons would undergo imprisonment for further period of six months. Paramjeet and Ramesh have also been convicted under the Arms Act and sentenced to undergo imprisonment for six months each for this offence.