As per Hon'ble Shri Sunil Kumar Sinha, J.

1. This appeal is directed against the judgment dated 10.10.1994 passed in S.T. No.119/88 by the Sixth Additional Session Judge, Durg. By the impugned judgment, the appellants have been convicted under Section 302/34 IPC and sentenced to undergo imprisonment for life.

2. The facts, briefly stated, are as under:

In all, seventeen accused persons were tried for the offences punishable under Sections 147, 148 & 302/149 IPC. The allegations are that on 07.03.1988 at about 17:00 hours, the accused persons formed an unlawful assembly, pm1icipated in rioting with deadly weapons and in furtherance of the common object of the said assembly, committed murder of deceased Bhoklu. Out of seventeen accused persons, Lallu (A-5) died during pendency of the trial. Thirteen of them were acquitted and three of them i.e. the appellants herein were convicted and sentenced as above.

The case of the prosecution is that on the fateful day, the deceased had gone to a nearby market situated in village Damapur. The appellants and accused - Lallu had also gone to the market. The allegations are that when the deceased was returning to his village, on the way, th