( 1 ) THE present appeal arises out of the judgment and order delivered by the learned Additional Sessions Judge of Surat in Sessions case No. 169 of 1989 on 6/02/1991, recording conviction under Section 302 read with Sections 147, 148, 149 and 452 of the Indian Penal Code in respect of the present appellants. All the appellants are ordered to undergo rigorous imprisonment for life and each of them to pay a fine of Rs. 250. 00 or to undergo further imprisonment for one month in case of default in payment of fine, for the offence punishable under Section 302 read with Section 149. The appellants are also sentenced to undergo rigorous imprisonment for one year for the offences punishable under Sections 147, 148 and 452 of the Indian Penal Code and are imposed a fine of Rs. 125 each or to undergo further imprisonment for one month in case of default in payment of fine. The sentences are to run concurrently.

( 2 ) THE facts giving rise to the incident are that accused No. 1 appellant, Singha Magan Gamit is a resident of village Singpur of Songadh taluka of Surat district. On the date of incident, i. e. on 6/07/1989, he went near the house of one Lalabhai Naranbhai where