M. D. BHATT, J. ( 1 ) JUDGMENT in the present appeal preferred by the accused Pradaman Singh alias Babbu, would equally govern the connected appeal No. J 53/81, preferred by the other accused persons Rajkaran Singh and Kamalbhan Singh, all of whom, on their conviction under Section 302 read with Section 149 of the Indian Penal Code for murder of one Ramanand Singh, have been sentenced to imprisonment for life, and further on their convictions under section 307 read with Section 149 of the Indian Penal Code and Section 148 of the Indian Penal Code, have been sentenced to five years rigorous imprisonment and two years rigorous imprisonment respectively, with the direction for the concurrent running of these sentences. ( 2 ) INCIDENT in question is of the early hours of the night of 28. 1. 1980 at Sirmor Choraha, Rewa, wherein Ramanand Singh had lost his life and Chhatrapati Singh had sustained numerous injuries. This incident, as is glaringly manifest from the evidence on record, was a culmination of the rival factionalism of the two groups of the student - community of the T. R. S. College, Rewa, each group propped up and bolstered by certain outside anti-social elements, claiming influence and rapport with local politicians of various shades. One such group enjoyed the patronage of the outsider Ramanand Singh, now deceased and the other, of the accused Pradaman Singh alias Babbu, both, however, having a tarnished reputation, with several prosecutions to their credit in the past. The appellant accused Babbu and his certain cohorts, about two years before the incident, had been prosecuted for abducting Ramanand Singh, now deceased, and the accused Rajkaran Singh was the defence witness in the said case, which had finally resulted in acquittal. ( 3 ) THE case of the prosecution in brief was that on the evening of the relevant dale, the appellants- accused and so also the deceased Ramanand Singh, with the irrespective cronies were present in the Annual Function of the T. R S. College. Ramanand Singh, apprehending some violence against him by the opposite group, appeal away from the place and arrived at Sirmor Choraha, with some of his associates. Ramanand Singh, apprehending some violence against him by the opposite group, appeal away from the place and arrived at Sirmor Choraha, with some of his associates. While he was engaged in some talk with P. W. 1 Chhatrapati Singh, who had accidentally arrived there, the appellants accused alongwith a group of certain college boys and other men, mostly armed with iron rods, pharsas, lathis and pistols were stated to have arrived at the place and to have beleaguered Ramanand Singh and to have, then, made concerted assault on him by means of their respective weapons. Chhatrapati Singh too, was not spared and was subjected to numerous assaults, resulting in multiple injuries to him. Ramanand Singh, who had already fallen on the ground, was stated to have been further dragged to a nearby open ground of the P. W. D. Office-H, where again, more assaults followed, resulting in his instantaneous death at that place. The hour of the incident was some time in between 9. 30 to 1000 p. m. The appellants- accused and others who were alleged to have participated in the murderous assaults, fled away from the scene. Police arrived at the place just after some time. Meanwhile, the dead body of Raman and Singh was taken to the hospital where, postmortem was conducted and Chhatrapati Singh was equally admitted in the hospital for treatment of his injuries. ( 4 ) SOME time during the night, the Police got recorded Chhatrapati Singh's F. I. R. Investigation in due course, followed. The three appellants-accused and others came to be arrested, one by one gradually, Rajkaran Singh being arrested on 4. 2. 1980. Pradaman Singh alias Babbu on 9. 2. 1980 and Kamalbhan Singh on 10. 2. 1980. Coat (Art. I), worn by the appellant Rajkaran Singh was seized and on the information furnished by him, one pharsa (Art. F) was equally seized from behind the bushes of the T. R. S. College. Hostel. On the information furnished by the appellantaccused Kamalbhan Singh, one iron rod (Art. G) was equally recovered from a pit, near the T. R. S. College. All these articles, on chemical examination, were found to be stained with human blood. The appellant-accused Pradaman Singh alias Babbu was equally alleged to have got recovered and seized a pistol and live cartridges from inside the shrubbery near the said college. All these articles, on chemical examination, were found to be stained with human blood. The appellant-accused Pradaman Singh alias Babbu was equally alleged to have got recovered and seized a pistol and live cartridges from inside the shrubbery near the said college. ( 5 ) AFTER due investigation, the three appellants-accused and others were, put up for trial. All the appellants-accused abjured the guilt and claimed to be falsely implicated due to political pressure, which had surfaced itself, because of Ramanand Singhs close links with certain local political leaders. A few witnesses were examined in defence. The trial Court, after evaluating the voluminous evidence on record, convicted and sentenced, only the three appellants-accused to the extent, as stated at the outset and acquitted the rest. Hence, now, the present appeal and the connected one. ( 6 ) THE substratum of the arguments of the appellants learned counsel Shri Rajendra Singh is that the whole case against the appellants-accused is fabricated by the police, under the political pressure, the actual culprits being altogether different persons, since the deceased Ramanand Singh, being a well known Gunda element of the town, had many arch enemies all around. Elaborating this argument, it is urged that the place of the incident being dark at the relevant time, the actual culprits could not have been possibly identified. The alleged eye-witnesses are stated to be got-up witnesses, being close relatives or henchmen of the deceased. The F. I. R. , which is attributed to P. W. 1 Chhatrapati Singh, is equally stated to be a concoction and to have been brought into existence about a day or so, after the incident, after due deliberation and manipulation. The circumstance that the statements of the material prosecution witnesses had come to be recorded a few days after the incident and not promptly, is vehemently stressed in support of the proposition that the witnesses had been gradually and cautiously picked up for concocting the prosecution story, with the obvious intent to inculpate the appellants-accused, who were eye-sore to certain local politicians. Memorandums of discovery and seizure are equally assailed as sheer fabrication. Memorandums of discovery and seizure are equally assailed as sheer fabrication. As for the incident, it is strenuously argued, that, since on the road at Sirmor Choraha itself, no blood stains had been found, and further since, the stains of blood were found, only on the open ground in front of the P. W. D. Office No. II, the prosecution story regarding any assault having taken place, on the road itself is belied, and as such, the appellants-accused stand clearly exculpated, since, as per the prosecution evidence itself, 18 to 20 persons, who had assaulted Ramanand Singh on the P. W. D. ground, were altogether a different lot. In the alternative, it is argued that even presuming for the sake of argument that the incident had two phases, the first phase of the incident having taken place at the Sirmor Choraha itself, and the other phase having taken place seventy feet away on the P. W. D. ground, the death of Ramanand Singh was not due to the particular few injuries, which had been inflicted on him at Sirmor Choraha but were actually due to the more severe injuries that had been inflicted on him by a larger group at P. W. O. ground. The appellants learned counsel has consequently urged that, at worst, these appellants-accused could be held guilty, only of the offence punishable under section 326 read with section 34 of the Indian Penal Code and not for the offences, of which they have been convicted by the trial Court. ( 7 ) BEFORE proceeding to consider the above arguments as pressed, it may be observed that the death of Ramanand Singh and the infliction of very many injuries on Chhatrapati Singh, consequent to violence, committed by certain persons have not been disputed, and rightly so, since the medical evidence in this regard Is iron-clad and clinching. Ramanand Singh, now deceased, as per the evidence of Auto pay Surgeon P. W. 24 Dr. Lalji Agrawal, had ten anti-mortem injuries in all, eight of which were incised wounds and two were contusions. According to the Doctor, contusions had been caused by hard and blunt object, whereas all the incised wounds had been caused by sharp edged weapon. Ramanand Singh, now deceased, as per the evidence of Auto pay Surgeon P. W. 24 Dr. Lalji Agrawal, had ten anti-mortem injuries in all, eight of which were incised wounds and two were contusions. According to the Doctor, contusions had been caused by hard and blunt object, whereas all the incised wounds had been caused by sharp edged weapon. Ramanand Singh was found to have very many fatal fractures: fracture of the forehead bone, fracture of both maxillary bones, fracture of the nasal bone, fracture and dislocation of upper incisers, fracture of mandible and fracture of left parietal bone. All these fractures together on the skull, causing shock and haemorrhage, had resulted in Ramanand Singhs death (post-mortem report Ex. P-18 ). Chhatrapati Singh, as per the report Ex. P-5a of P. W. 14 Dr. Harimohan Shrivastava, had 10 injuries in all, four were lacerated wounds, two were incised wounds, two contusions and two abrasions. According to the doctor, incised) wounds were mostly on the temporal and occipital region of the scalp. He had a fracture of the proximal phalanx of his left hand and the chip fracture of the occipital bone. ( 8 ) THE evidence on record on both sides makes it abundantly clear, in the first place, that not only the deceased Raman and Singh but also the three appellants-accused were well known persons of Rewa Town,-kllown for their criminal and rowdy activities, which had involved them in many a prosecutions in the past. 1 he appellants-accused and the deceased belonged to rival factions and were on inimical terms. This apart, these appellants accused and more particularly, the deceased had sort of backing and support from local politicians. The incident in question and the death of Ramanand Singh, bad led political parties to steer their agitation in the matter of the incident and to cash on it, for their political ends and popularity; and in pursuance thereof, after the murder of Ramanand Singh, processions had been taken out and the several public-meetings were held at various places of the town. In view of such factionalism, of the rival Gunda elements of the town, politicians had obviously started evincing interest in the incident, with partisan attitudes for one side or the other. Therefore, the evidence on record deserves very cautious scrutiny for evaluation. In view of such factionalism, of the rival Gunda elements of the town, politicians had obviously started evincing interest in the incident, with partisan attitudes for one side or the other. Therefore, the evidence on record deserves very cautious scrutiny for evaluation. ( 9 ) SCRUTINIZING the trial Courts elaborate judgment, we notice that the trial Court has discarded the evidence of all the defence witnesses, for reasons as elaborately discussed in paras 24 to 26. The trial Court has either fully or partly also rejected the evidence of certain prosecution witnesses viz. Indrabhan Singh, Ramniranjan, Sushil Kumar Patel, Mathura Prasad, Ramniwas Kanojiya. Dashrath Singh, Angita Prasad and Anil Singh (PW5 2 to 7, 12 and 17 ). The trial Court, for convicting the appellants-accused of the offences in question, has principally relied on the oral testimonies of P. W. 1 Chhatrapati Singh and P. W. 13 Jageshwar Prasad, corroborated in some measure, by the partly relied evidence of other prosecution witnesses and other circumstantial evidence relating to the prompt F. I. R. and the recovery and seizure of the alleged weapons of assault stained with blood, as proved by the police investigation officers and certain Panch witnesses. ( 10 ) BEFORE discussing the incident, as did actually take place, practically the whole prosecution evidence on record, and more particularly of Chhatrapati Singh, Indrabhan Singh, Ramniranjan, Mathura Prasad and Jageshwar Prasad, leaves no room for doubt that at the relevant time of the incident, there was enough electric light at Sirmor Choraha and near-about the place since the very many hotels and shops, which were situate at the place, were open and were doing their business in the light of the electric light, which they had in their establishments. Likewise, in the P. W. D. Office-IT also, the electric bulb, fitted there, was shedding its light over the ground in front. Defence suggestion that the place was dark, is obviously false meriting no consideration, since it is not supported by any cogent evidence, which could well have been brought on record, by examining the officials of the M. P. Electricity Board. Defence suggestion that the place was dark, is obviously false meriting no consideration, since it is not supported by any cogent evidence, which could well have been brought on record, by examining the officials of the M. P. Electricity Board. It may, well, be that when the Police Subinspector P. W. 27 Laxman Singh Tomar had reached the place some time after the incident, power may have failed for a while resulting in darkness, but earlier i. e. at the time of the incident, there was obviously electric light all around; and there is no scope to doubt the same. This apart, the date of the incident viz. 28. 1. 1980 was a Dwadashi day of Shuklapaksh of Magh month, according to the Hindi Calendar; and as such, at the relevant hour of the night, indubitably, there was bound to be enough moon-light. This aspect of the matter bas been fully discussed by the trial Court in paras 31 to 33 of its judgment, with which, we find ourselves in full agreement. ( 11 ) THE doubt, which is tried to be raised by the appellants learned counsel in the matter of the recording of the F. I. R. Ex. P-i. It about 10. 45 p. m. on the relevant night of the incident i. e. on 28 1. 1980. is obviously found to be without any basis and is just found to have been built up, in face of some vague and self contradictory statement of p. W. 1 Chhatrapati Singh, who has come to depose that he had not got this F. I. R. Ex. P-i recorded during the relevant might at about 10. 45 or so, and that, the report had been got recorded only on the next day morning. Even if one carefully scrutinizes his whole oral testimony, more particularly paras 5, 15 and 18 one gets fair indication that during the relevant night, when he bad already been admitted in the hospital, police had come to him and had recorded in writing, something, after eliciting requisite information from him, when he had regained his consciousness. He had received so much beating that one can well appreciate his failing memory at the relevant time. When this report had been recorded by the police officers during the relevant night itself, just some time after the incident. He had received so much beating that one can well appreciate his failing memory at the relevant time. When this report had been recorded by the police officers during the relevant night itself, just some time after the incident. His evidence in these circumstances, has to be read and appreciated in the light of the evidence of the particular police officers, who had recorded this FIR Ex. P. 1 P. W. 9 Nand Kumar Dubey, Assistant Sub-Inspector and P. W. 27 Laxman Singh Tumar, who, despite their being police officers, are not found to be interested witnesses to any extent, have, by their mutually corroborative evidence, duly proved the fact that it was at about 10. 45 p. m. on the relevant night, that, on the information elicited by the Police Sub-Inspector Laxman Singh Tomar from Chhatrapati Singh, the Police Assistant Sub- Inspector Nand Kumar Dubey had written this particular report Ex. P-I, fully in the manner as Chhatrapati Singh had stated to them. There is no substance in the contention that this report Ex. P. 1 was recorded much later on the next day morning. It is also incidentally pertinent to observe that on that very night, the Police Station, Civil Lines had registered the case on the strength of this F. I. R. Ex. P. 1. The trial Court, therefore, is found to have rightly held that P. W. 1 Chhatrapati Singh had got recorded the F. I. R. Ex. P. 1 at about 10. 45 p. m. only on 28. 1. 1980. ( 12 ) ANOTHER doubt, which has been tried to be raised by the appellants learned counsel, is regarding the alleged regarding of dying declaration of Chhatrapati Singh, on the strength of the evidence of D. W. 2 Dr. S. K. Kamalpuria and D. W. 5 Bhagwandin Tiwari and certain suggestions made to the Police Sub-Inspector Laxman Singh Tomar. D W. 2 Dr. Kamal puria and D. W. 5 Bhagwandin Tiwari, as rightly observed by the trial Court in paras 25 and 26 of its judgment, are thoroughly got up witnesses, worth no reliance. The best person, to throw light on the matter, would have been the Sub-Divisional Magistrate T. P. Shrivastava, who was not cared to be examined by the defence. Kamal puria and D. W. 5 Bhagwandin Tiwari, as rightly observed by the trial Court in paras 25 and 26 of its judgment, are thoroughly got up witnesses, worth no reliance. The best person, to throw light on the matter, would have been the Sub-Divisional Magistrate T. P. Shrivastava, who was not cared to be examined by the defence. The evidence of P. W. 27 Laxman Singh Tomar and P. W. 31 Ramkishore Dubey, indisputably shows that the Sub-Inspector had simply requested the Sub-Divisional Magistrate to record the dying declaration but the same could not be recoded. ( 13 ) NOW, coming to the incident in question, it may, at first, be stated that the admitted position, as it is, is that on the road near Sirmor Choraha, no blood stains were found, and that blood stained earth had been collected and seized by the police during the investigation, only from the ground in front of the P. W. D. Office-Il. This circumstance, by itself cannot lead to the inference that the whole incident had taken place, only at the ground opposite the P W. D. Office-Il and not on the road side near Sirmor Choraha. There could be many reasons for non-availability of the blood on the road of Sirmor Choraha. This road admittedly was a national highway, with enough traffic and as such, there was full possibility that before the police could search for blood stains on the road side, the passing traffic of persons and vehicles, more particularly the latter, might have obliterated and erased the few bloodstains existing on the road side. It could equally be, that, since a couple of injuries had been inflicted on the road side and since more serious and many injuries had been inflicted at the other place i. e. on the ground opposite the P. W. D. Office-IT, the blood may have oozed out profusely, on the ground, rather than on the road side, which was the place, only of the starting episode of assault. ( 14 ) P. W. 1 Chhatrapati Singh and P. W. 13 Jageshwar Prasad are the star witnesses of the incident. Chhatrapati Singh, being also the victim of assault and having sustained several injuries himself, was undoubtedly the eye-witness of the whole incident, and his evidence can not be lightly brushed aside. ( 14 ) P. W. 1 Chhatrapati Singh and P. W. 13 Jageshwar Prasad are the star witnesses of the incident. Chhatrapati Singh, being also the victim of assault and having sustained several injuries himself, was undoubtedly the eye-witness of the whole incident, and his evidence can not be lightly brushed aside. P. W. 13 Jageshwar Prasad, who is not found to have any animus against the appellants-accused, was also the natural eye-witness to the scene of Crime, since, close to Sirmor Choraha near Girjas Hotel, he had his Pan shop. Considering the evidence of these two witnesses, equally corroborated by the other prosecution witnesses, whose evidence is found to be partly rejected, and further supported by the factum of existence of blood stains on the ground opposite the P. W. D. Office-IT, the prosecution story is found to be consistent, so far as the place of the incident is concerned. Despite certain contradictions in their averments, when confronted with their earlier police statements, there is no scope for doubt in the light of the sequence of events that the whole incident of assault had occurred in two phases. The first phase of the incident had taken place on the road side, close to Sirmor Choraha near the place where Girjas Hotel and other shops were situate; and the second phase of the incident, which was more gruel and grueling, had taken place about 70 feet away, on the ground, opposite the P. W. D. Office-IT. These two phases of the incident can, well, be appreciated from the site plan on record. ( 15 ) THE first phase of the incident, as is evident from the prosecution witnesses, had taken place when Ramanand Singh, after slipping away from the function of the T. R. S. College, had come to Sirmor Choraha near Girjas Hotel and was talking to Chhatrapati Singh, when the three appellants-accused suddenly arriving at the place in a rickshaw, had initiated their concerted assault with their respective weapons on Ramanand Singh and then, later, on Chhatrapati Singh, who had tried to intervene. The evidence of Chhatrapati Singh and Jageshawar Prasad indubitably shows that the appellant-accused Rajkaran Singh had a pharsa in hand and the other two appellants-accused had each a iron rod, the iron-rod of Kamalbhan Singh, however, being fitted at the end, with some sharp instrument. The evidence of Chhatrapati Singh and Jageshawar Prasad indubitably shows that the appellant-accused Rajkaran Singh had a pharsa in hand and the other two appellants-accused had each a iron rod, the iron-rod of Kamalbhan Singh, however, being fitted at the end, with some sharp instrument. Under the impact of these concerted assaults, both Ramanand Singh and Chhatrapati Singh had fallen down. It was thereafter that Ramanand Singh had been lifted and dragged 70 feet away on the ground in front of P. W. D. Office-IT, where the second phase of more severe assaults had taken place. The evidence of P. W. 1. Chhatrapati Singh himself shows that under the impact of one single assault by the appellant-accused Pradaman Singh by means of his iron rod, Ramanand Singh had fallen down and likewise, under the impact of pharsa assault by the accused Rajkaran Singh and one rod assault by the accused Kamalbhan Singh, Chhatrapati Singh had fallen down. His evidence further discloses that it was after this that 10 or 12 lads together had suddenly come from the direction of the P. W. D. Office TI. ( 16 ) THE evidence of other witnesses equally shows in no mistakable terms that it were these lads, who had lifted and dragged Ramanand Singh about 70 feet away in the open ground opposite the P. W. D. Office-TI and it was there that these lads, whose identity was unknown, had made further numerous assaults on Ramanand Singh and had equally crushed his held and face by stones etc. with the result that he had died there instantaneously. Thus, on overall consideration of the whole evidence on the prosecution side, after disregarding a few embellishment sand contradictions, we are clearly of the view that the assault had taken place in two phases; the first phase being restricted only to the involvement of the three appellants accused at the particular road side near Sirmor Choraha, resulting in a few injuries both on Ramanand Singh and Chhatrapati Singh, and the second phase of assault, which was of a more serious and actually of fatal nature, having taken place about 70 feet away on the ground in front of P. W. D. Office-IT, wherein some unknown 10 to 12 young lads had participated in cruel and merciless assault on Ramanand Singh, even though the appellants-accused may as well be present there also. Ramanand Singh, as per the ocular evidence on the prosecution side, is found to have received over his head region, only two injuries at the most, and that too by a blunt object like iron rod and lalhi but the post-mortem report discloses that Ramanand Singh had as many as eight incised wounds, apart from contusions. It naturally follows, as per the evidence of the Autopsy Surgeon that these contusions could be caused by sharp and blunt object whereas the incised wounds could be caused only by sharp edged weapons. At the place of the first phase of the incident, Ramanand Singh had not received any injury caused by sharp edged weapons, which could have resulted in incised wounds. Inference is obvious that all the incised wounds found on his person must have been caused at the other place where the second phase of the incident had taken place and in this second phase of the incident, altogether a different lot of about 10 to 12 persons had made the concerned assault of a fatal nature on Ramanand Singh, leading to this instantaneous death from the incised injuries sustained by him over his head region. ( 17 ) FROM these circumstances of the incident, it is clear that it was as the result of those assaults, which had been made at the particular place of the second phase of the incident i. e. on the P. W. D, Office ground, that Ramanand Singh had died under the impact of these injuries and not under those, which he had initially received at the place of the first phase of the incident i. e. at the road side near Sirmor Choraha. The assailants of the second phase of the incident are mostly unknown. The known ones are only the three appellants accused, who are proved to have clearly participated in the concerted assault both on Ramanand Singh and Chhatrapati Singh only at the place of the first phase of the incident. The participation of the three appellants accused in their assaults both on Ramanand Singh, now deceased, and Chhatrapati Singh is equally cogently corroborated by the presence of human blood found on iron rod and pharsa recovered and seized respectively at the instance of Kamalbhan Singh and Rajkaran Singh. The evidence of the relevant witnesses in the matter of respective memorandums and seizure memos is impeccable, free from doubt and thoroughly reliable. The evidence of the relevant witnesses in the matter of respective memorandums and seizure memos is impeccable, free from doubt and thoroughly reliable. ( 18 ) THE death of Ramanand Singh can not be attributed to the three appellants-accused, who had made thief assaults on Ramanand Singh to a lesser extent only at the first phase of the incident i. e. near Sirmor Choraha. In view of this, the appellants-accused cannot be convicted of the offence punishable under section 302/149 or 307/149 Indian Penal Code. Common intention for causing grievous hurt to Ramanand Singh by these three appellants accused is apparent considering the vital circumstances that all the three appellants-accused, after alighting from the rikshaw, had made their concerted assault on Ramanand Singh. Similar common intention equally deserves to be attributed to them in the matter of their concerted assault by pharsa and iron rods on Chhatrapati Singh, who too had sustained fractures. They deserve to be convicted only of the offence punishable under section 326/34 Indian Penal Code on each count with respect to the grievous hurt sustained by Ramanand Singh and Chhatrapati Singh by means of lethal weapons. Thus, disagreeing with the trial Court, we are of the opinion that the three appellants-accused deserve to be convicted only of the offence under section 326/34 Indian Penal Code on each count, and coll5equently they deserve to be acquitted of the offences, for which, they have been convicted and sentenced by the trial Court. Coming to the question of sentence, these three appellants-accused, looking to the circumstances of the incident and the nature of injuries, do not deserve any leniency or compassion. We are of the view that five years R. I. coupled with reasonable fine on each count would quite meet the ends of justice. ( 19 ) IN the result, thus, the present appeal and so also the connected Appeal No. 153/81 are partly allowed. We are of the view that five years R. I. coupled with reasonable fine on each count would quite meet the ends of justice. ( 19 ) IN the result, thus, the present appeal and so also the connected Appeal No. 153/81 are partly allowed. Setting aside the order of convictions and sentences passed against the appellants- accused by the trial Court under sections 302/149, 307/149 and 148 of the Indian Penal Code, it is ordered instead that all the three appellants-accused Pradaman Singh alias Babbu, Rajkaran Singh and Kamalbhan Singh be and are now convicted of the offence under section 326/34 of the Indian Penal Code for voluntarily causing grievoust hurt to Ramanand Singh, now deceased, and are each sentenced to five years rigorous imprisonment and to pay the fine of Rs. 2000/- (Rupees two thousand) and in default of fine, to a further term of 15 (fifteen) months rigorous imprisonment. All the three appellants-accused be and are now, further convicted of the offence under sections 326/34 of the Indian Penal Code for voluntarily causing grievous hurt to Chhatrapati Singh and are each sentenced five years rigorous imprisonment and to pay the fine of Rs. 500/- (Rupees five hundred) and in default of fine, to further undergo six months rigorous imprisonment. The substantive sentence of imprisonment shall, however, run concurrently. The appellantsaccused are already in jail. Appeals partly allowed. .