( 1 ) ALL the aforesaid three appeals arise out of one and the same judgment, therefore, they are being decided and disposed of by this common judgment.

( 2 ) THE appellants Babukhan and chhotekhan have filed Cri. Appeal No. 222/ 96 and they are also appellants Nos. 4 and 5 in Cri. Appeal No. 253/96. Therefore, this judgment shall also govern the disposal of both these appeals.

( 3 ) THE abovenamed six appellants stand convicted for the offences punishable under Sections 302, 302/149, 323/149 and 148 of the Indian Penal Code by the learned third Additional Sessions Judge, Ratlam in sessions Trial No. 97/94 on 6-3-94 who sentenced each of the appellants to suffer r. I. for two years under Section 148, Indian penal Code, Abidkhan, Babukhan, chhotekhan, Gullukhan, Muzaffar Dilwar to suffer imprisonment for life with fine of Rs. 2,00/- each, in default of payment whereof to further undergo R. I. for one year under sections 302 and 302/149, Indian Penal code and to suffer R. I. for six months under Section 323/149, Indian Penal Code. Being dissatisfied by the aforesaid judgment of conviction and sentence, the appellants have preferred these appeals.

( 4 ) INITIALLY, ten