Judgment

SUBBA RAO, J. : This appeal by special leave is directed against the judgment of a Division Bench of the Bombay High Court setting aside the order of acquittal made by the Additional Sessions Judge, Kolaba, and convicting the appellant under Section 302, read with Section 34 of the Indian Penal Code and sentencing him to imprisonment for life.

2. The case of the prosecution may be briefly stated. In the year 1959, two persons by name Ramachandra Budhya and Govind Dhaya were murdered by some people. In all 11 accused, including one Deoram Maruti Patil, were brought to trial; and out of them 8 accused, including the said Deoram Maruti Patil, were acquitted. During that trial Deoram Maruti Patil s uncle, by name Vishwanath, actively helped Deoram Maruti Patil in the conduct of his defence. Accused 1 and 2 in the present case are the sons of Govind Dhaya and accused 3 and 4 are the nephews of Ramachandra Budhya. They bore a grudge against Vishwanath for helping Deoram Maruti Patil and bringing about his acquittal. on August 19, 1960, Vishwanath and one Mahadeo Pandu Patil left their village at about 8.30 p.m. in. order to go to Pezari enroute to Alibag. When they were walking al