JUDGMENT

Mukherjee, J.- In Sessions Case No. 233 of 1979, 12 persons were tried by the Additional Sessions Judge, Thane for rioting, committing murder and other allied offences. Of them 2 were acquitted and the other 10 (who were arrayed as accused Nos. 1 to 10 and henceforth will be so referred to) were convicted under Section 148 I.P.C. Besides, A-1 to A-3 were convicted under Section 302/34 I.P.C. and the remaining 7 under Sections 324/149 and 323/149 I.P.C. Against their convictions and sentences, A-1 to A-10 preferred an appeal which was disposed of by the High Court, by affirming their convictions, maintaining the sentences awarded to A-1 to A-3 for their convictions under Sections 302/34 and 148 I.P.C. and reducing the substantive sentences of the remaining 7 to the period already undergone and imposing a sentence of fine. Assailing the above judgment of the High Court, only A-1 to A-3 filed this appeal after obtaining special leave. During the pendency of this appeal A-1 died and hence the appeal so far as he is concerned stands abated.

2. The prosecution case as unfolded during trial is as under :

(a) Kathod (P.W. 3) has three sons named Anant (P.W. 2), Kris