JUDGEMENT
M. K. Mukherjee, J. -
(1.) Leave granted.
(2.) In Sessions Case No. 48 of 1983 on the file of the Sessions Judge, Warangal 26 persons were initially placed on trial to answer charges under Sections 120-B, 148, 449, 452, 460 and 302, I.P.C. An alternative charge under Section 396, I.P.C. was also framed against them. During pendency of the trial A-12 and A-14 died while A-13 and A-25 absconded. Hence, the trial continued against the other twenty two. On conclusion thereof the learned Judge acquitted A-1 of all the charges and convicted the others as under:
i) A-2 to A-11, A-15, A-23, A-24 and A-26 under Section 120-B, I.P.C;
ii) A-8, A-15 to A-22, A-24 and A-26 under Section 148, I.P.C.;
iii) A-15 to A-22 under Section 449, I.P.C.;
iv) A-22 under Section 302, I.P.C. (simpliciter);
v) A-8, A-15 to A-21, A-24 and A-26 under Section 302/149, I.P.C. and
vi) A-2 to A-7, A-9 to A-11 and A-23 under Section 302/109 I.P.C.
For the convictions so recorded they were sentenced to different terms of imprisonment with a direction that the sentences shall run concurrently.
(3.) Against their convictions and sentences they preferred separate appeals in the High Court. In disposing of the appeals by a common judgment the High Court set aside the convictions of A-2 to A-11, A-15, A-16, A-23 and A-24 but confirmed those of A-17 to A-22. As regards A-26, his conviction under Section 120-B, I.P.C. was set aside but that under Section 302/149, I.P.C. maintained. Assailing the above judgment of the High Court A-17 to A-22 and A-26 have filed these appeals which have been heard together and this judgment will dispose of them.;
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