JUDGMENT

SHINGHAL, J.:— This is an appeal of Ninaji Raoji Boudha (hereinafter referred to as Ninaji), and Raoji Gianu Boudha (hereinafter referred to as Raoji), against the appellate judgment of the Bombay High Court dated September 25/28, 1970. The Additional Sessions Judge of Khamgaon convicted them of offences under Sections 325 and 147. I. P. C. and sentenced them to rigorous imprisonment for five years and a fine of Rs. 50/- for the offence under Section 325, and to rigorous imprisonment for six months and a fine of Rs. 25/- for the offence under Section 147, I. P. C. The High Court held, on appeal, that they were guilty of the offence under Section 302 read with S. 34, I. P. C. and sentenced them to imprisonment for life by setting aside their acquittal for the offence of murder of Bhonaji. Ninaji and Raoji were also convicted for an offence under Section 325 read with Section 149, I. P. C. for participating in the unlawful assembly which was held to be responsible for causing grievous injuries to Bhonaji s sons Samadhan and Rambhau. Mr. Harjinder Singh, Amicus Curiae, stated on behalf of the appellants that he did not think it worthwhile challenging the conviction of appella