JUDGMENT

V.S. Sirpurkar, J. —

1. This judgment will dispose of Criminal Appeal Nos. 1516 and 1517 of 2004. Five accused persons have filed these appeals, they being Amerika Rai (original accused No. 1), Darbesh Rai (original accused No. 2), Mithilesh Rai (original accused No. 4), Sanjay Rai (original accused No. 5) and Sipahi Rai (original accused No. 6). The appeal of Chulhan Rai (original accused No. 3) is already dismissed. Six accused persons came to be tried for having formed themselves into an unlawful assembly and as a common object of that unlawful assembly, having committed murder of one Shankar Rai. Some of the accused persons were also charged with the offences under the Arms Act. All the accused persons were convicted for the offence punishable under Section 302 read with Section 149 of the Indian Penal Code (IPC), while Chulhan Rai (A-3) was convicted for substantive offence punishable under Section 302 and for offence punishable under Section 27 of the Arms Act. Again, Mithilesh Rai (A-4) was also convicted for the offence punishable under Section 307 IPC in addition to the offences punishable under Section 27 of the Arms Act and Section 302 read with Section 149 IPC.