JUDGMENT

Shivaraj V. Patil, J.-The appellants and six other co-accused were tried by Sessions Court for offences under Sections 148, 302, in the alternative under Sections 302, 148, 307 or 307/148, 323 or 323/149 IPC and the appellant No. 1 was also charged under Sections 25 and 27 of the Arms Act. After trial, death sentence was awarded to the appellant no. 1 finding him guilty of various offences and the remaining seven accused were sentenced to imprisonment for life besides imposing fine and imprisonment for other offences. On appeal, by the impugned judgment and order, the High Court acquitted the other six co-accused; the appellants were held guilty only under Section 302 IPC and were sentenced to imprisonment for life and death sentence passed against the appellant No. 1 was set aside. Aggrieved by their conviction and sentence passed by the High Court, the appellants are before this Court in these appeals.

2. In short and substance, the prosecution case was that on 31.5.1996 at about 7.30 A.M., deceased Dwarka accompanied by Prakash, Jeevan and Shambhu was on his way to Ramganj Mandi. When they were in the playground of Higher Secondary School of v