CHAINANI, Ag. C.J. :- This is an appeal by accused Nos. 8 and 9 against their convictions under Ss. 1.48 and 307 read with S. 149 of the Indian Penal Code and Sec. 19(e) of the Indian Arms Act and sentences passed upon them for these offences.

2. These accused as well as the other eight accused, who were tried along with them, are residents of Kavathe Piran, Witness Tukaram also belonged to this village. About 7/8 years ago there was a quarrel between Tukaram and father of accused No. 5. Since then there was enmity between Tukaram and the accused. Tukaram was also beaten on two occasions. As Tukaram was afraid of living in the village thereafter, he left Kavathe Piran and went to reside at Bhadule in Kolhapur District. On 8-5-1957 Tukaram returned to his village as he had some work in connection with his lands with the Talathi. In the afternoon of that day, Tukaram went to a cloth shop known as Patil Cloth Stores. The prosecution story is that while he was sitting on a chair in that shop, the of accused went there. Some of the accused dragged Tukaram outside the shop and he was then assaulted with a scythe by accused Nos. 1, 2 and 5. Accused Nos. 3, 8 and 9 were armed with