JUDGMENT - VISHNU SAHAI, J.:---Through this appeal, the appellants challenge the judgment and order dated 1-8-1996 passed by the Additional Sessions Judge, Malegaon in Sessions Case No. 48 of 1994 whereby they have been convicted and sentenced in the manner stated hereinafter:---

(i) Under section 143 r/w section 149 I.P.C. to suffer 3 months R.I. and to pay a fine of Rs. 100/- each in default to suffer one month R.I.;

(ii) Under section 147 r/w section 149 I.P.C. to suffer 1 year R.I. and a fine of Rs. 200/- each, in default to suffer R.I. for 2 months;

(iii) Under section 302 r/w section 149 I.P.C. to suffer imprisonment for life and to pay a fine of Rs. 2000/- each in default to suffer 6 months R.I.

In addition, the appellant-Asadbin has been convicted for offences punishable under section 148 r/w 149 I.P.C. and 307 I.P.C. On the former count, he has been sentenced to undergo 1½ years R.I. and to pay a fine of Rs. 500/- in default to undergo 3 months R.I. and on the latter, 7 years R.I. and to pay a fine of Rs. 1000/- in default to suffer R.I. for 3 months.

The substantive sentences of the appellants have been ordered to run concurrently.

2. Shortly stated the prosecution case r

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