JUDGMENT

Ahmadi, J. - The appellants in these two appeals by special leave are the six accused persons who were arraigned before the learned Third Additional Sessions Judge, Siwan, for trial. Criminal Appeal No. 343 of 1988 is by original accused Nos. 1, 2, 3 and 5 (Allauddin Mian, Keyamuddin Mian, Saheb Hussain and Afzal Mian) and Criminal Appeal No. 466 of 1988 is by original accused Nos. 4 and 6 (Sarif Mian and Mainuddin Mian). For the sake of convenience we will refer to them by their original positions in the Trial Court.

2. Accused Nos. 1 and 2 were charged with the commission of offences punishable under sections 302, 452 and 148, I.P.C. The prosecution case was that accused Nos. 1 and 2 along with accused Nos. 3 to 6 constituted an unlawful assembly, the common object of which was to kill P.W. 6 Baharan Mian and in pursuance of the said object accused No.1 caused the death of Sahana Khatoon aged about seven years and accused No.2 caused the death of Chand Tara aged about seven months. Accused Nos. 1 and 2 were substantively charged under section 302, I.P.C., whereas accused Nos. 3 to 6 were sought to be held vicariously liable under sections 302/149, I.P.C. Accused Nos. 3 a