JUDGMENT

K. S. Radhakrishnan, J.:- Appellants herein, the original accused A-1, A-3 and A-7, were charge-sheeted along with certain other accused persons for the offences punishable under Section 452, Sections 341, 302 IPC read with Section 34 IPC etc. The trial Court acquitted all the accused persons in Sessions Case No. 7 of 1989 vide its judgment dated 25.9.1989.

2. On appeal by the State, the High Court set aside the acquittal of the appellants of the offences under Section 452 read with Section 34 IPC and convicted and sentenced each one of them with a sentence of 12 years and fine with default sentence. The High Court also sentenced them for offences punishable under Section 302 read with Section 34 IPC to suffer imprisonment for life and pay a fine of Rs.5,000/-. The sentences were ordered to run concurrently. Aggrieved by the same, appellants herein have come up with this appeal.

3. The prosecution version is as follows:

Deceased Sanjay Gaonkar and his two friends, namely, Anil Raut - PW8 and Rajan Angane - PW15 were chit-chatting in front of Kishor Cycle Mart at Bharad Naka, Malwan. At that time, the complainant Suryakant Ramchandra Phansekar – PW4, a resident of Malwan h