JUDGMENT

M.K. Mukherjee, J. -This appeal is directed against the judgment and order dated June 14, 1993 passed by the Bombay High Court, Nagpur Bench, in Criminal Appeal No. 300 of 1992 whereby it reversed the order of the Additional Sessions Judge, Nagpur acquitting the four appellants (hereinafter referred to as A 1 to A 4 ) of the charge under Section 302/34 I.P.C. and convicted them thereunder.

2. Shorn of details the prosecution case is as follows:

(a) On February 2, 1990, at or about 6 A.M. Suresh Bhute (the deceased) along with Madhav Chauhan (P.W. 1), Gangadhar Badwaik (P.W. 2), Vijay Babre (P.W. 3), Lok Nath Bhure (P.W. 8) and others went to Nagpur airport to receive Ashok Dhawad, who was the sitting M.L.A. from Nagpur. After receiving him they went to his house at Ganeshpeth. At or about 8 A.M. Ashok Dhawad asked his supporters, including the deceased and the above witnesses, to assemble at Yeshwant Stadium at. 11 A.M. as from there he would go to the Office of the Collector to file nomination forms for the next elections. They then left the place to board their respective vehicles. While P.W. 8 and Suresh went to board the jeep of P.W. 2, P.W. 1 and P.W. 3 went towards t