Judgment

SUBBA RAO, J.: This appeal by special leave raises an interesting question involving the construction of S. 34, read with S. 301, of the Indian Penal Code.

2. The appellants who are 11 in number were accused Nos. 1 to 10 and 12 in the Sessions Court, Mehsana. The case of the prosecution may be stated thus. In the village of Aithor, there are about 300 houses of Kadva Patidars and about 15 to 20 houses of Leva Patidars. On January 16, 1961, at about 8 p.m. seven persons, who are Leva Patidars, came to the chowk where there is a pan shop cabin of Girdhar Shanker. These seven persons were Rama Bhupta, Lakha Madha. Hira Punjab Jetha Nagar, Purshottam Prabhuva, Manor Madha and Gova Shiva. At the same time the 12 accused also came to that place. Accused 1 to 6 were each armed with a muzzle loading gun; accused 7, 8, 11 and 12 were armed with sticks, accused 9 and 10 were armed with dharias, Accused 1 to 4 fired their guns and Rama Bhupta fell down and died near the door of the cabin of Girdhar. Accused 5 and 6 fired their guns and Lakha Madha was injured. Accused 1 fired his gun again and Jetha Nagar received injuries. Accused 5 and 6 fired again and Hira Punja was injured. Accuse