( 1 ) THIS appeal is preferred by the appellants - accused against the judgement dated 29th January, 1994 passed by the Sessions Judge, D. K. Mangalore, convicting the appellants-accused for the offences punishable under Sections 302, 392 and 394 read with S. 34 I. P. C. and sentencing them to R. I. for life for the offence under Section 302 read with S. 34 I. P. C. and sentencing them to seven years R. I. each for the offences under Sections 392 and 394 I. P. C. and also to pay a fine of Rs. 10,000/- each for each of the two counts for the offences punishable under Sections 392 and 394 read with S. 34 I. P. C. and in default of payment of fine amount sentenced them to undergo S. I. for six months each.

( 2 ) WE have heard Sri. P. M. Nawaz for Sri Pavin, learned counsel for the appellants - accused and the learned Additional State Public Prosecutor for the respondent-State fully and perused the records of the case.

( 3 ) THE case of the prosecution is as follows :-That the three appellants and the absconding accused Moosa were in financial difficulties and they planned to loot a loaded lorry to get relief from their financial problems. On 23-12-1991 all of them joined ne