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 the appeal of Prakash, accused 5 and acquitted him and set aside his conviction and the sentence awarded to him. So far as Vinayak accused 6 is concerned, we dismissed his appeal on 13-9-1984 for reasons to follow. Now we proceed to record our reasons.

3. Sessions Case 26 of 1977 is stated to be an off-shoot of what is known as the Manwath murders case in which Prakashs father Uttamrao Barhate and his permanently kept concubine Rukmanibai and 13 others were tried for the murders of 10 girls and women during the period from 14-11-1972 to 4-11-1974 in Manwath village, Parbhani district, Maharashtra State. In this case the above seven accused were tried for three murders of two young girls and a woman alleged to have been. committed by them and the approver Sheshrao (P. W. 1) during the period from 10-11-1975 to 1-1-1976 in Babultara village, Parbhani district. Charge No. 1 framed in this case was for criminal conspiracy under S. 302 read with S. 120B I. P. C. on the allegation that between the first week of October 1975 and 2-1-1976 at Babultara and Waghala villages, all the seven accused and the approver P. W. 1 entered into a criminal conspiracy to commit murders of young girls and women in the vicinity of Babultara village by inflicting injuries on the private parts of the victims or disfiguring their faces in order to make it appear that the accused in the Manwath murders case are not the real culprits and that in pursuance of that conspiracy these seven accused and the approver P. W. 1 committed three murders of Ashamati, aged 9 years, Parubai, aged 40 years and Malan, aged 12 years in Babultara village. Charge No. 2 framed against accused 1 to 3 was under S. 302 read with S. 34 I. P. C. on the allegation that in pursuance of the conspiracy and in furtherance of their common intention they committed the murder of Ashamati on or about 10-11-1975. Charge No. 3 framed against accused 1 to 4 was under S. 302 read with S. 34 I. P. C. on the allegation that in pursuance of the conspiracy and in furtherance of their common intention they committed the murder of Parubai on or about 29-11-1975. The last charge No. 4 framed against accused 1, 6 and 7 was under S. 302 read with S. 34 I. P. C. on the allegation that in pursuance of the conspiracy and in furtherance of their common intention they committed the murder of Malan on or about 1-1-1976. The accused pleaded not guilty to the charges framed against them. The Sessions Judge found, on a consideration of the evidence, all the seven accused not guilty of the charge of conspiracy framed under S. 302 read with S. 120B I. P. C. and acquitted them. He found accused 1 to 3 not guilty of charge No. 2 framed against them in respect of the murder of Ashamati and accused 1 to 4 not guilty of charge No. 3 framed aga