MR. R. M. CHHAYA, J.

1. THE present appeal arises out of the judgment and order dated 26.7.2002, rendered by the learned Additional Sessions Judge, Fast Track Court, Baroda, in Sessions Case No. 323/2000, convicting the appellants for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code ["IPC" for short] and sentencing them to undergo life imprisonment and to pay fine of Rs.10,000/- each, in default to undergo further R.1 for one year.

2. THE prosecution case, briefly stated, is that on 20.9.2000 at about 9.00 A.M, the appellants-accused in furtherance of their common intention, knowingly caused serious injuries to deceased Meghjibhai Dhanabhai Bharvad on his chest, head, left side of the body below ribs and stomach, with deadly weapons like knife and big sized chhari and thereby committed his murder, on a public road near Bird Circle (sic. Chakli circle), Race Course Road, Baroda. It is the case of the prosecution that on the previous day of the incident, a scuffle had taken place between accused No.1- Nirmal and deceased Meghjibhai and, therefore, for taking revenge, on 20.9.2000 at about 8.45 A.M, when deceased Meghjibhai was passing thr