JUDGMENT : 1. Special Leave to appeal granted. 2. With the consent of learned counsel on both sides we proceeded to hear the matter on merits. In Criminal Appeal No. 871/81, Bishan Singh & Anr. v. State of Punjab a bench of this Court of which one of us (Eradi, J) was a member held that in the circumstances of the case the offence under section 302 read with section 149 I.P.C. was not made out but on the facts proved they could be convicted under section 326 I.P.C. Accordingly the sentence of life imprisonment was set aside and each of the appellants was sentenced to suffer R.I. for five years. The present appeal arises from the same judgment. The appellants are co-accused of the appellants in the afore-mentioned appeal and consequently the same result must follow unless their case is distinguishable. We find no distinguishing features. Accordingly we allow the appeal, set aside the conviction of the appellants for an offences under section 302 read with 149 I.P.C. as well as 364 I.P.C. and, instead, convict each of them for an offence, under section 326 I.P.C. and sentence each of them to suffer R.I. for a period of five years. The sentences imposed on the appellants for other offences, if any, may run concurrently with the present sentences. With this modification, the appeal stands disposed of.