JUDGMENT

N.V. RAMANA, J.

1. These five appeals, by way of special leave petitions, are by five accused persons against the conviction imposed by the High Court, wherein leave to appeal to this court has been granted to these accused. Facts being related, and the issue involved being connected, we would like to deal with these cases by a common judgment.

2. At the outset, it is to be noted that the High Court has partly allowed the appeal preferred by the accused/appellants and set aside their sentence for the offences punishable under Sections 143, 144, 147 and 148 of IPC, Section 4 read with Section 25 of the Arms Act and Section 37(1)(a) read with 135 of the Bombay Police Act. The conviction of Appellant Nos. 1 to 3 for the offence punishable under Section 302 read with 149 of the IPC was modified to Section 302 read with 34 of IPC, while maintaining the sentence imposed by the trial court.

3. A few facts which are necessary for disposal of these cases are that on the 10th of December, 2006 between 10:20 pm to 10:30 pm, one Vitthal Hingane (PW-2) and his brother Jagdish Hinga