JUDGMENT

K. JAYACHANDRA REDDY, J.:—These three appeals arise out of a common judgment of the Punjab and Haryana High Court and they are being disposed of together here. Original accused Nos. 1, 2, 4, 5, 6, 10 to 14 and 16 are the appellants before us.

2. On 12-9-74 at about 9/ 10 A. M. a rioting of grave nature took place in village Bath in Amritsar District, during the course of which four persons were killed and several persons received injuries. In connection with this occurrence 17 accused persons were tried under Sections 148, 302, 307, 324, 325 and 323 read with Section 149, I.P.C. and Section 27 of the Arms Act by the learned Additional Sessions Judge, Amritsar. The learned trial Judge acquitted accused Nos. 3, 7, 8, 9, 15 and 17 and convicted the remaining 11 accused under Sec. 302 read with Section 149, I.P.C. and sentenced each of them to undergo imprisonment for life. They were also convicted under Sections 148, 307/149, 323/149, 324/ 149 and 325/ 149, I.P.C. and sentenced to various terms of imprisonment. Four of them were also convicted under Section 27 of the Arms Act and sentenced to one years R. I. The sentences were directed to run concurrently. The convicted accused filed Criminal Appeals Nos. 1608/75, 1645/75 and 52/76 against their respective convictions. The State of Punjab filed Criminal Appeal No. 508/76 against acquittal of the six accused. It also filed Criminal Appeal No. 322/76 for enhancement of the sentence of imprisonment for life to death against A- 1 and others and Criminal Revision No. 391/76 was filed by one Madagan Singh, a private party. The High Court confirmed convictions and sentences imposed on all the 11 convicted accused and their appeals were dismissed. The High Court also dismissed the appeals filed by the State and the criminal revision filed by Madagan Singh. All the 11 convicted accused have preferred these three appeals before us. The prosecution case is as follows:

All the accused persons, the four deceased persons and the material witnesses belong to Village Bath. The house of Gopal Singh, P.W. 13 are situated in Village Bath on the metalled road leading from Taran Taran to Rayya. The mud-house of his nephew Piara Singh, P.W. 24 adjoined his house. About 5 or 6 months prior to the occurrence, Piara Singh, P.W. 24 had gone to Amritsar with his family to earn his livelihood there. At the time of his departure from the village, he entrusted his house to his cousin brother Gian Singh, A-4 who had earlier been residing at Rayya. Some days prior to this occurrence, Piara Singh, P.W. 24 returned from Amritsar along with his family and took his house back from Gian Singh, A-4. The latter wanted to retain one room out of the three rooms but Piara Singh, P.W. 24 did not agree. A-4 was employed by A-1 Sarpanch. In the dispute between P.W. 24 and his cousin A-4, A-1 took the side of A-4 to forcibly occupy one room. The mud-wall of the house abutting the road side was dismantled and a door was installed. P.W.24 took the matter to the brotherhood of Mazhabis namely his caste people. On the fateful day i.e. 12-9-74 at about 9 / 10 A. M. there was a gathering of his community at the place of occurrence to consider the action of A-1 and A-4 in dismantling the wall and installation of the door. The Panchayat of Mazhabis brotherhood decided that the new door opened forcibly by the accused should be closed and some of the prosecution witnesses closed the newly opened door and the door erected by A-4 was dismantled. On seeing the gathering, all the 17 accused persons under the leadership of Amarjit Singh, A-1 came from his house variously armed. Out of them accused Nos. 1, 5, 6 and 13 were armed with guns, A-2 was armed with a rifle and A-4 was armed with a pistol. The others were armed with sharp-edged weapons. Immediately after reaching on the spot, A-1 fired from his gun which hit on the abdomen of Charhta Singh deceased son of Gopal Singh, P.W. 13. Thereafter all the accused who were armed with f