JUDGMENT

Thirteen accused convicted by the High Court preferred a special leave petition. This Court granted leave only in respect of Original Accused Nos. 4, 9, 12 and 13 i.e. Petitioners Nos. 10, 11, 12 and 13 and dismissed the same in respect of others. Those four petitioners (Nos 10,11,12 and 13) are the appellants in this appeal before us. An incident took place on 3-6-1979 at about 11.30 a.m. at village Matoda, Ahmedabad District, during the course of which one Cheha Mana, the deceased in the case, was killed and two other persons who figured as P.Ws. 1 and 4 received a number of injuries on vital parts. In relation to this incident, 14 accused were challaned and tried for offences punishable u/ Ss. 147, 148, 302 read with Ss. 149,324 and Section 323 read with Section 149, I.P.C. The Trial Court acquitted A-4, A-9, A-12, A-13 and A-14 and convicted the remaining accused u/S.326 read with S.149, I.P,C. and also under Ss. 324 and 326 I.P.C. U/S. 326, I.P.C. the convicted accused were sentenced to two years R.I. and in respect of other offences they were sentenced to various terms of imprisonment. The convicted accused preferred an appeal and the State also preferred an appeal ag