JUDGMENT

P. Venkatarama Reddi, J.-These appeals are by special leave against the judgment of Patna High Court in two criminal appeals, which were dismissed by the High Court, thereby upholding the conviction by the trial Court. Eight persons including the seven appellants herein, were charged of murdering one Mangalanand Pandey on 18.10.1993. Accused Nos. 2, 3, 5 to 8 are the appellants in Criminal Appeal No. 817 of 2000. Accused No.4 is the appellant in the other appeal. The Special Leave Petition in so far as the accused No.1 - Dinesh Pandey, who actually killed the deceased with the shots fired by him, was dismissed by this Court. The said accused was convicted under Sections 302 and 341 I.P.C. and Section 27 of the Arms Act. The remaining seven accused, who are appellants herein, were convicted under Section 302 read with Sections 149 and 341 I.P.C. and sentenced to undergo life imprisonment.

2. The prosecution case is that on 18.10.1993 at about 5.45 a.m. the deceased Mangalanand Pandey and his brother Ranganath Pandey (PW 2) were putting up a machan (a bamboo platform for holding vegetable creepers) at a place adjacent to the dalan of their house towards the West. The dala