JUDGMENT :

Dr. Mukundakam Sharma, J.:—

These appeals are filed against a common judgment and order dated 17th December, 2003 passed by a Division Bench of the High Court of Judicature at Bombay in Confirmation Case No. 01 of 2001 and Criminal Appeal Nos. 661 of 2000; 679 of 2000; 753 of 2000 and 758 of 2000 and are being disposed of by this common judgment.

2. Theprosecution case in brief is as follows:-

One Milin Vaidya is the ex-Mayor of Mumbai. He belongs to the Shiv Sena, a political party, active in Maharashtra. On 4th March, 1999 at about 9.45 p.m. he alongwith 7-8 workers were sitting in an open shed by the side of Mori Road. He was guarded by his two body guards, namely, Constable Dinanath Pawar (PW-2) and Constable Sandeep Eaghmare (PW-3). They were armed with a 9 mm pistol and 9 mm carbine with 90 rounds respectively. The said shed house is an office of Shiv Sena 'Shakha'. At about 5 minutes past 10.00 p.m. a white Maruti car with a number plate MH-03-H-1749 came from the side of Mahim Railway Station. When it reached near the said open shed three persons started firing at Milind Vaidya and others who were sitting in the shed. One of the assailants was sitting alongside