Judgment

HEGDE, J.:- The appellants Awadhi Yadav and Bhalla Yadav are two of the eleven persons tried before the Additional Sessions Judge, Darbhanga. All of them were charged with offenses under Section 302/34, I. P. C. In addition, the appellants as well as A-2 to 4 and A-6 to 8 were also charged with offenses under Section 201/511, I. P. C. The learned trial Judge convicted Accused 1 to 8 both under Section 302/34 as well as Section 201/511, I. P. C. Under the former section, he sentenced them to suffer imprisonment for life. He did not impose separate sentence under Section 201/511, I. P. C. In appeal the High Court of Patna affirmed the convictions of the appellants both under Section 302/34 as well as Section 201/511, L P. C. The other accused were acquitted of the charge under Section 302/34, I. P. C. For the offense under Section 201/511, I. P. C. they were sentenced to undergo rigorous imprisonment for 31/2 years. Only the appellants have appealed against the decision of the appellate Court. This Court while granting special leave to appeal to this Court directed that the appeal should be confined to the question of conviction under Section 302 read with Section 34, I. P. C