JUDGMENT

B. Sudershan Reddy, J. —

This appeal pursuant to the special leave granted is directed against the concurrent judgments.

2. The two appellants were tried for offences punishable under Sections 147, 323, 324, 302 of IPC. The trial court convicted both of them for the offences punishable under Sections 148, 201 and 302 IPC. On appeal, the High Court, however, confirmed the sentences awarded against the appellants for the offences punishable under Section 302 of the IPC while setting aside the conviction of the appellants of the charges under Sections 201 and 148 IPC. The prosecution case is as follows :

On May 25, 1999 at about 1.00 p.m., Chuttu @ Nizamuddin (PW-5) lodged a Parcha Bayan (Ex.P-12) before the Police Sub-Inspector of Kotwali, Tonk inter-alia stating that at about 12.30 in the noon he along with Saleem (PW-7) and Noor (PW-13) were getting a truck repaired at Rajasthan Tyrewala near Roadways Depot, Tonk. One Mohamaad Deen @ Mulla (deceased) came at the shop of Ayub Bhai (PW-6). All of a sudden about 10-12 persons equipped with deadly weapons such as gupties, swords, knives and gandasas came there and surrounded the deceased. Javed Masood (A.1), Syed Najeeb Hassan