JUDGMENT

 This appeal pursuant to the Special Leave granted is directed against the Judgment of the High Court of Bombay. There are five appellants, who were the five accused in the Sessions Case and were tried for offences punishable under Sections 147, 148 and 302 read with 34 IPC. The case arose out of an incident that took place at Chalisgaon on 4th March, 1974 resulting in the death of Bhanudas Nathu Kumawat, the deceased in the case. All the five accused were convicted and sentenced to imprisonment for life. The appeal filed by them was dismissed by the High Court. During the pendency of the appeal before this Court Appellant No. 1, Shaikh Nabab Shaikh Babu Musalman died. The appeal in so far as he is concerned abated.

2. The prosecution case is as follows. The deceased and his relatives were on inimical terms with the accused persons and their group. The relations were strained for the last many years. In an earlier double murder case the deceased was sentenced to 10 years R. I. and his brother was sentenced to one year R. I. The village of the deceased is at a little distance from Chalisgaon. The relations became further strained because of the Panchayat elections. It is on