JUDGMENT

VARADARAJAN, J. :— These appeals of Vinayak and Prakash, accused 6 and 5 respectively in Sessions Case 26 of 1976 on the file of the Sessions Judge, Parbhani, by special leave, are directed against the judgment of the Bombay High Court in Criminal Appeals 7 of 1977 and 605 of 1978. Criminal Appeal 7 of 1977 was filed by Sitaram alias Sitya and Vinayak, accused 1 and 6 respectively, against their conviction under S. 302 read with S. 34 I. P. C. in respect of the murder of one Malan, daughter of Kishan and the sentence of imprisonment for life awarded to them. Criminal Appeal 605 of 1978 was filed by the State of Maharashtra against the acquittal of Sundar alias Sundarayya, Kishan alias Kishanayya, Gangaram alias Gangayya, Prakash and Shrirang, accused 2, 3, 4, 5 and 7 respectively of the charge under S. 302 read with S. 34 I. P. C. in respect of the murder of Malan and against their acquittal of the charge framed under S. 302 read with S. 120B I. P. C. The State of Maharashtra filed Criminal Appeal 38 of 1977 for enhancement of the sentence of imprisonment for life awarded to accused 1 and 6 by the trial court.

2. After hearing the learned counsel for the parties we allowed