JUDGMENT

 The three appellants (A- 1 to A-3) along with one Naja Naran (A-4) who died subsequently, were tried for an offence punishable under Sections 302 read with 34 and 324 read with 34, I.P.C. The trial Court acquitted all of them. The State preferred an appeal in the High Court which convicted them under Sections 326 read with 34. I.P.C. and sentenced each of them to undergo 5 years R.I. All the four convicted accused filed a special leave petition in this Court and the special leave was granted pursuant to which the present appeal comes up for hearing before us. During the pendency of the appeal in this Court, it is stated that A-4 died on 30-3-1983 and to that effect an affidavit is filed which is on record. We are, therefore, concerned with Ranmal Samat (A-1), Vijahi Ram (A-2) and Nahu Samat (A-3) in this appeal. The prosecution case briefly stated is as follows.

2. The deceased Dhanji and his father and mother, P.Ws. 4 and 5 respectively, the two injured witnesses in this case and the accused belong to village Ranparda in the Jamnagar District. The deceased and his father were working as barbers. In lieu of their services rendered to the accused persons, the latter used to