Judgment

DUA, J. :- The five appellants in this appeal by special leave were tried in the court of the Additional Sessions Judge, Tirunelveli for offences under Ss. 147, 148, 302 and 302 read with S. 149, I.P.C. Accused Nos. 1 and 4 were sentenced to death under S. 302, I.P.C. the injuries inflicted by them on the deceased having been held to be fatal whereas accused nos. 2 and 3 were sentenced to imprisonment for life the injuries caused by them to the deceased being simple but with the common intention of causing his death. Accused No. 5 was sentenced to rigorous imprisonment for ten years under S. 149 read with S. 302, I.P.C. because he had only instigated his associates to kill the deceased. Accused Nos. 1 to 4 were not awarded any separate sentence under S. 148, I.P.C. and accused No. 5 was similarly not awarded any sentence under S. 147, I.P.C.

2. The High Court on appeal confirmed the conviction and sentences of accused nos. 1 to 4 but so far as accused no. 5 is concerned his conviction was altered to one under S. 326, I.P.C. read with S. 149, I.P.C. but the sentence of rigorous imprisonment for ten years was maintained. His conviction under S. 147, I.P.C. was also confirmed b