(1) THE Appellants are only two now as all other co-accused got dropped off on the way. They were a crowd in the beginning but when the chargesheet was laid there were twenty four persons for offences under Section 302 read with Section 149 and Section 148 and 201 of the Indian Penal Code. When the Sessions Judge examined the case for the purpose of framing the charge he found that only ten can be charged and hence discharged the remaining fourteen at the stage of Section 227 of the Criminal Procedure Code. After trial, four persons were convicted by the trial court under Section 302 read with Section 34 and sentenced each of them to imprisonment for life. They and the remaining were convicted under Section 148 of the Indian Penal Code for which short term of imprisonment had been awarded. We are told that those remaining accused who were convicted only under Section 148 of the Indian Penal Code have completed their jail sentence and are not interested in challenging the conviction. The cenvicted four persons including two appellants filed appeal before the High Court and a Division Bench confirmed the conviction of the appellants for the offence under Section 302 read with