M.R. Shah, J.

1. All these appeals are interconnected and arise out of the impugned judgment and order passed by the learned trial Court and with respect to the same incident/offence and as such, out of the three appeals, one appeal, i.e. Criminal Appeal No. 461 of 1996, is preferred by the original accused Nos. 2 and 3, convicting them for the offence punishable under Section 307 read with Section 34 of the IPC, whereas, Criminal Appeal No. 594 of 1996 is preferred by the State against the impugned judgment and order passed by the trial Court, acquitting the original accused from the offence punishable under Sections 397 read with Section 34 of the IPC and Criminal Appeal No. 595 of 1996 is also preferred by the State for enhancement of the sentence imposed by the trial Court on the original accused, while convicting them for the offence punishable under Section307 read with Section 34 of the IPC, all these appeals are taken-up for final hearing and disposal, today.

2. At the outset, it is required to be noted that so far as original accused No. 2, appellant No. 1 in