A.N.Ray, J.

(1) THIS is an appeal by special leave from the judgment, dated February 8 and 9, 19968 of the High court of Gujarat acquitting accused Nos. 1, 2, 3, 4 and 7 of the charge levied against them and setting aside the conviction under S. 302, read with S. 149 and S. 34 and Sections 147 and 148 of the Indian Penal Code and the sentence of imprisonment passed by the Sessions Judge

(2) THE appellants were accused Nos. 1,2, 3, 4 and 7. They were charged for having formed an unlawful assembly with the common object and intention of killing five persons, namely, Allauddin Alimohmed Marodia, Allauddin Nasir Kadiwalla, Suleman Janmohmed Sunsara, Suleman Vasir Mukhi and Noormohmcd lbrahim Badarpura and in the prosecution of that common, object and intention accused No. 1 had armed himself with a gun, accused No. 2 with an axe and knife, accused No. 3 with an axe, accused No. 4 with a Dharia and thus committed an offence punishable under S. 302, read with S. 34, S. 302, read with Section 149 and Suctions 147 and 148 of the Indian Penal Code. Accused No. 1 was also individually charged for committing the murders of the aforementioned live persons. Accused Nos. 2, 3, 4 an