JUDGMENT

K. JAYACHANDRA REDDY, J.:—This is an appeal under Section 379, Cr. P.C. read with Section 2 of the SC (Enlargement of Criminal Appellate Jurisdiction) Act. There are four appellants. They are original accused Nos. 1, 2, 4 and 5. They along with. Tha Chandji Badarji (A-3) were tried for offences punishable under Sections 147,148,149, 302/ 34 and 323, I.P.C. The learned trial Judge acquitted all of them. The State preferred an appeal and a Division Bench of the Gujarat High Court reversed the order of acquittal and convicted A-1 under Section 302, I.P.C. and sentenced him to undergo imprisonment for life. He was also convicted under Section 148, I.P.C. and sentenced to undergo one years R.I. A-2 to A-5 were convicted under Section 302/149, I.P.C. and sentenced to undergo imprisonment for life. A-2 was also convicted under Section 148 and sentenced to one years R.I. A-3 to A-5 were also convicted under Section 147, I.P.C. and sentenced to six months R.I. The sentences were directed to run concurrently. Before filing this appeal, A-3 died. The remaining accused Nos. 1, 2,4 and 5 have preferred this appeal. The prosecution case is as follows:

The complainant Bhupatsing Andaji wa