Honble THOMAS, J.–Three brothers were charged for implementing a designed criminal conspiracy for elimination of one who was their bete noire. The Sessions Court and the High Court concurrently found them guilty of Section 120-B and Section 302 read with Section 34 of the Indian Penal Code and consequently they were convicted and sentenced to undergo imprisonment for life besides pay- ment of some fine. These appeals, by special leave have been filed by the aforementioned three brothers.

(2). The person who was murdered in pursuance of the criminal conspiracy - Tara Chand - was the factotum of Jai Paul (PW 13) with whom the appellants had scores to settle for long. Prosecution case, briefly, is that on the morning of 9.5.1990 the three appellants had a dig at Smt. Kiran Chauhan (wife of Jai Paul) and it resulted in the initiation of a proceeding under Section 107 of the Code of Criminal Procedure against them. The appellants were infuriated by it and the acerbity between the two factions got aggravated further. At about 6.00 p.m. the three appellants together proceeded to a glade situate near a jungle where the deceased Tara Chand was working and showered blows on him with gandasi a

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