Judgment

BHAGWATI, J. - This is an appeal by special leave limited only to the question of sentence. Since the offence for which appellants 2 and 4 are convicted, is under Section 302 and that for which the rest of the appellants are convicted, is under Section 302 read with S. 149 of the Indian Penal Code, the special leave though limited only to the question of sentence must obviously carry with it leave also as regards the nature of the offence arising from the homicidal death of Chandu the deceased. But the special leave granted by this Court being limited to the question as to the nature of the offence, we cannot permit the appellants to go behind the findings of fact recorded by the High Court. It is only on the basis of the findings of fact reached by the High Court that it would be open to the appellants to argue that the offence committed by the appellants is not under Sec. 302 or Section 302 read with Sec. 149 of the Indian Penal Code but a lesser offence. But having regard to the facts found by the High Court we find it impossible to accept the contention of the appellants that the offence committed by them was any lesser offence than that under Section 302 or S. 302 read