Phukan, J.:- These three criminal appeals arise out of the common judgment and order dated 25th Nov. 1978 passed by the learned Sessions Judge, Kamrup in Sessions Case No. 140 (K-B) 1974 convicting all the four accused-appellants under S.302 read with S.34 of the Indian Penal Code, for short 'I. P. C.' and sentencing them to suffer rigorous imprisonment for life. Since the present appeals arose out of the aforesaid common judgment we propose to dispose of all the three appeals together by this judgment.

2. On 30-8-73 at about 6 to 6.30 A.M. while deceased Desiram wearing only a gamcha (big napkin) was taking tea sitting on a chair on the western varandah of his house, Horeswar came running with a spear in his hand and stabbed Dasiram on the calf of his leg. Dasiram wanted to get up for going inside his house by catching hold of the post of the varandah which broke down and Dasiram fell down on the court yard near the plinth. At that particular moment Ashim with a ballam, Surjya with a dagger and Bhubaneswar with a 'Satpatia' (a weapon having seven pointed iron nails, which is used for catching fish) in their hands entered into the house of Dasiram. All the above persons att