KAMA J.- The appellant in Criminal Appeal No. 397 of 1969 was original accused No. 1 and will be referred to hereinafter as accused No. 1. The appellant in Criminal Appeal No. 481 of 1969 was original accused No.2 and will be referred to hereinafter as accused No.2. Accused Nos 1 and 2 were put up for trial along with two other accused before the learned Additional Sessions Judge, Bombay. All the accused were charged with the offence under section 302 read with section 3l, Indian Penal Code, and in the alternative accused No. I was charged with the offence under section 302, Indian Penal Code, and accused No 2 and the other accused were charged with the offence under section 302 read with section 109, Indian Penal Code. The learned Additional Sessions Judge convicted accused No. 1 of the offence under section 302, Indian Penal Code, and sentenced him to suffer imprisonment for life and accused No.2 of the offence under section 302 read with section 109, Indian Penal Code, and also sentenced him to imprisonment for life. These two accused have come in appeal against their convictions and sentences before us. The other two accused were acquitted and no appeals were filed aga