Judgment

Nanavati, J.-Both these appeals are directed against the acquittal of the two respondents. They were tried for committing murder of Jaggar Singh. The trial Court convicted respondent Bhola Singh but acquitted respondent Mithu Singh giving him benefit for doubt, Bhola Singh appealed to the High Court against his conviction and the State chal­lenged the acquittal of Mithu Singh. The High Court allowed the appeal of Bhola Singh and dismissed the State’s appeal against Mithu Singh.

2. It was the prosecution case that after the murder of Kartar Singh, father of both the respondents, Jaggar Singh the deceased had de­veloped illicit intimacy with their mother. This was not liked by the respondents. On 5.2.1987 at about 1.00 P.M. the deceased, who was a labourer, was collecting bricks for one Sukhwinder Kaur. His brother Gamdoor Singh was working at some distance and Bhola Singh had some time earlier gone for taking tea. Seeing him alone the respondents attacked him. Bhola Singh gave two kirpan blows on the back of his knee and Mithu Singh gave one gandasa blow on his right leg. After the deceased fell down they gave two or three more blows on the back of his neck. Seeing Bhura Sing