Y.V.CHANDRACHUD, J. (for himself and Bhagwati, J.)

(1) SINCE this appeal by special leave is limited to the question of sentence, it would be enough to set out the facts tearing on the sentence.

(2) THE appellants, Dilip Kumar, Bharatsingh and Rohitsingh were tried by the Sessions Judge, Ujjain, for committing the murder of one Arun Bhargava. The learned Judge convicted Dilip Kumar under S. 302, Bharatsingh under S. 302 read with S. 34, Rohitsingh under S. 303 of the Penal Code and sentenced them to death. The High court of Madhya Pradesh, Indore bench, confirmed the conviction and sentence of Dilip Kumar and Rohitsingh. The conviction of Bharatsingh was also confirmed but the High court reduced his sentence to imprisonment for life.

(3) ON 3/05/1974 this court granted special leave to the appellants "limited to the question of application of S. 303 in the case of Rohit singh and sentences in case of all". Counsel for the appellants urged that under this order Bharatsingh is entitled to challenge the sentence of life imprisonment imposed upon him by the High court and since that cannot be done without challenging Bharatsinghs conviction under S.