- (1.) The two surviving accused (Accused Nos. 1 and 3 respectively), who are the appellants herein, were acquitted by the trial Court of the charges under Sections 147, 148, 149, 302 read with Section Section 34 IPC. In appeal by the State, the High Court reversed the order of acquittal and thought it proper to convict the accused appellants under Section 302 read with Section 34 IPC and to sentence them to undergo rigorous imprisonment for life with fine of Rs.5,000/- with default stipulations.
(2.) In further appeal to this Court by the accused appellants, two learned judges of this Court had disagreed on their conclusions necessitating reference to this larger bench.
(3.) We have heard the learned counsel for the parties.;