B. SUDERSHAN REDDY, J.

( 1 ) THIS is an appeal by special leave preferred by the appellants Mahmood and Khaliq. The appellant Mahmood has been convicted for the offence punishable under Section 302 read with Section 149 of IPC and sentenced to imprisonment for life. He has been also convicted under Section 148 of IPC and sentenced to undergo rigorous imprisonment for 1= year. The second appellant has been convicted for the offence punishable under Section 302 read with Section 149 and sentenced to undergo life imprisonment. He has been further convicted under Section 147 of IPC and sentenced to undergo one year rigorous imprisonment and further convicted under Section 379 of IPC and sentenced to undergo rigorous imprisonment for a period of two years.

( 2 ) PUT briefly the prosecution case is as follows : on 19th February, 1977 at about 4. 45 p. m. the accused Ram Samujh and Mahmood appellant No. 1 both armed with guns, Khalid appellant No. 2, Bajrang and one unidentified person armed with lathi assaulted deceased Ram Singh at Galiyara near the fields of Ram sewak Ahir, while he was returning to his village badipur on his motorcycle. It was alleged that the accused Ram Samujh and