JUDGMENT

S. K. Seth, J. - This judgment shall govern the disposal of Criminal Appeals Nos. 320 and 321 of 1979 also.

2. The incident that took place in village Joulkhera of Betul district on the night of l8-4-1978 resulted in the death of Yuvraj Pawar and serious injuries to Sahablal Pawar (P.W. 1) and Baboolal Pawar (P.W. 16). In Sessions Trial No. 41 of 1978, accused-appellant Brijesh Kumar Trivedi alias Rajoo was prosecuted by the Sessions Judge, Betul, under section 302 of the Indian Penal Code for having committed the murder of Yuvraj Pawar and accused-appellants Pramod Kumar Trivedi, Shriram and Tiran were prosecuted under section 302/34 or alternatively under section 302/149 of the Indian Penal Code in connection with the said murder. Similarly, in Sessions Trials Nos. 42 and 43 of 1978, accused appellant Brijesh Kumar was prosecuted under Section 307 of the Indian Penal Code for attempting to murder Sahablal Pawar and Baboolal Pawar respectively and the remaining three accused-appellants were prosecuted under section 307/34 or alternatively under section 307/109 of the Indian Penal Code in connection with the said acts. The three sessions trials were tried together and disp