Head Note : Indian Penal Code – Section 147, 341, 302, 302 r/w 149, Criminal Procedure Code – Section 313, 374(2)- appeal filed against the judgment of lower court where appellants A-1 to A-4 and A-6 were tried and found guilty for various charges under Section 147, 341, 302, 302 r/w 149 of Indian Penal Code – five persons A-1 to A-5, were armed with weapons clearly indicate that they have actually constituted an unlawful assembly with the common intention of killing those persons, and thus they have acted so and there is no impediment in recording a finding that A-1 to A-5 have constituted an unlawful assembly having deadly weapons and attacked D1 and D2 and caused their death instantaneously - act of A-1 to A-5 cannot be termed as murder, but be a culpable homicide not amounting to murder, and they have got to be found guilty under Sec.304 r/w 149 of IPC – conviction and sentence of life imprisonment imposed on A-1 to A-5 under Sec.302 r/w 149 of IPC set aside instead they are convicted under Sec.304 r/w 149 of IPC – criminal appeal partly allowed.