Judgment

Pattanaik, J.-The three appellants, who are accused Nos. 1, 2 and 3 respectively, along with 3 others who have not preferred any appeal were tried by the learned Additional Judge, Nagpur in Sessions Case No. 70 of 1990 for the offences punishable under Sections 147, 148 and 302 read with Section 149 Indian Penal Code on the allegation that they formed an unlawful assembly and mercilessly assaulted deceased Raju by means of Gupti, knife, hockey sticks and motor-cycle chain on account of which Raju succumbed to injuries sustained by him. The learned Sessions Judge on the basis of the prosecution evidence con­victed all of them under Sections 147, 148 and 302 read with Section 149 Indian Penal Code and sentenced them to suffer R.I. for one year and to pay a fine of Rs. 100/- and, in default to suffer R.I, for one week for conviction under Section 147, and for Section 148 sentenced each one of them to suffer R.I. for two years and to pay a fine of Rs. 100/- each and, in default to suffer R.I. for one week and imprisonment for life for the conviction under Section 302 read with Section 149 IPC with the further direction that the sentences would run concurrently. Against the conv