JUDGMENT

G.T. Nanavati, J. - This appeal is filed against the judgment of the High Court of Bombay, in Criminal Appeal No. 307 of 1980. The High Court set aside the order of acquittal passed by the Sessions Court and convicted appellant Nos. 1 to 7 under Section 302 read with Section 149 IPC and appellant Nos. 8 and 9 under Section 323 read with Section 149. Appellant Nos. 1 to 7 have been ordered to suffer imprisonment for life. Appellant Nos. 8 and 9 were ordered to suffer imprisonment for the period already undergone.

2. The prosecution case was that on 8.12.1979 at about 5 a.m. Appellant Nos. 1 to 7, in prosecution of their common object, assaulted Gulab with iron bar and sticks and caused his death. At that time Appellant Nos. 8 and 9 were instigating Appellant Nos. 1 to 7 to beat Gulab. Hearing the cries raised by Gulab his two brothers Madhukar (PW-1) and Prabhakar (PW-2) went to his rescue. They were also assaulted by Appellant Nos. 1 to 7, as a result of which they received injuries. By that time their cousins Dinkar and Bhaskar (PW-3) came out of their house and seeing the assault on Madhukar and Prabhakar they went to their rescue. They were also assaulted by Appellant