JUDGMENT

JASWANT SINGH, J.:—Vishvas Aba Kurane, appellant in Criminal Appeal No. 166 of 1971 and Akaram Bhairu Kotwal, appellant in Criminal Appeal No. 201 of 1973 (hereinafter referred to for the sake of brevity as Vishvas and Akaram respectively) who were charged and tried along with three brothers of the latter viz. Mahadev Bhairu Kotwal, Shiva Bhairu Kotwal and Maruti Bhairu Kotwal, and another person named Ibrahim Sayyad Nalband, (here inafter referred to as Madhadev, Shiva, Maruti and Ibrahim respectively) for various offences have on an appeal filed by the State of Maharashtra been convicted by the High Court of Bombay for an offence falling under S. 302 read with S. 34 of the Indian Penal Code and sentenced to imprisonment for life instead of the offence under S. 304 Part I read with Ss. 34 and 149 of the Indian Penal Code for which they were convicted and sentenced by the Sessions Judge, Sangli, The High court has found that the appellants intentionally caused the death of Raghunath Sidu Nikam (hereinafter referred to as Raghunath), aged 23, brother of Shankar (P. W. 2) and Jaywant (P. W. 6) in furtherance of the common intention shared by them with Mahadev who has not app