JUDGMENT

PATHAK, J.:— This appeal by special leave is directed against the judgment of the Bombay High Court dismissing the appeal of four appellants against their conviction and sentence under Section 302 read with Section 34, Indian Penal Code by a Session Judge and allowing an appeal by the State against the acquittal of the remaining two appellants and convicting and sentencing them under Section 302 read with Section 34, Indian Penal Code.

2. The prosecution case before the trial court was that Ananda (the deceased) and Rama (appellant No.4), although formerly friends, on account of certain disputes had become hostile towards each other. It was said that at mid-day on 5th August, 1970, Baban (appellant No.6) and Ranga (appellant No.2) went to the house of Radhabai, (P. W. 3) where Ananda was already present. The two appellants and Ananda left the house after a short while. Some moments later a gun shot was heard by Radhabai and Soma (P. W. 1), his wife Bayanabai (P. W. 2) and Kisabai (P. W. 4). The four rushed towards that direction and, it is alleged, saw Baban and Ranga giving blows with an axe on Anandas head. Meanwhile, Rama (Appellant No.4) and Nama (appellant No.3) also a