ABHAY MANOHAR SAPRE, J. - (1.) THESE appeals have been directed against the final common judgment dated 11.05.2007 passed by the High Court of Chhatisgarh at Bilaspur in Criminal Appeal Nos. 785, 866, 762, 868, 761, 853, 875, 970, 851, 873 and 842 of 2001, whereby the High Court upheld the conviction and sentence of the appellants herein under Section 302 read with Sections 149 and 148 of the Indian Penal Code, 1860 (in short "IPC") which was awarded to them by the Sessions Court whereas the High Court allowed the Criminal Appeals of other accused and acquitted them of the charges by setting aside the judgment of the Sessions Court dated 12.07.2001 in Sessions Trial No. 342 of 1995 to that extent.
(2.) THE concluding part of the impugned judgment of the High Court reads as under: "In the result, the appeals filed by accused Raj Kumar Singh, Dhananjay, Rohit, Nirmal, Surjan, Santosh Singh, Gopal Das, Chhatram, Balchand and Devilal succeeds. Conviction and sentences imposed upon them under Sections 302 read with Sections 149 and 148 of the IPC are set aside. They are acquitted of the said charges. a. Balchand, Devilal, Chhatram and Surjan are on bail. Their bail bonds are discharged and they need not surrender to their bail bonds. b. Santosh Singh, Rohit, Gopal Das, Raj Kumar Singh, Nirmal and Dhananjay are in detention since 18 -1 -1995. They are directed to be released forthwith, if not required in any other case. The appeal filed by accused Rameshwar Singh stands abated. The appeals filed by accused Kumar Singh, Nande Singh, Nand Kumar, Baran, Jaipal, Resham Lal, Guharam, Amritlal and Basant Das are dismissed. Conviction and sentences imposed upon them under Sections 302 read with Sections 149 and 148 of the IPC are maintained. Baran, Jaipal and Resham Lal are on bail. Their bail bonds are discharged and they are directed to surrender before the trial court forthwith to serve out the remaining sentence."
(3.) THE question that arises for consideration in these appeals is whether the High Court was justified in upholding the conviction and sentence of the present appellants. In order to appreciate the issue involved in these appeals, it is necessary to state the prosecution case in brief infra.;