Judgement

HIDAYATULLAH, J. : The appellants are father and son. They were prosecuted with one Ramdeo who has been acquitted by the High Court. The prosecution case against them is that on the evening of June 7, 1962, about Sun-set they attacked one Ramdular causing him fatal injuries on his head with a lathi resulting in his death. The first appellant Baul is said to have instigated the assault and the original prosecution case was that the other appellant Sadhai and Ramdeo (the acquitted accused) assaulted Ramdular. Medical evidence established that the deceased died as a result of two fatal blows on the head, both of which appeared to have caused extensive fractures of the skull. There were two other blows on the head which seemed to be simple. The deceased never regained consciousness after he received the blows and died in the hospital about 11-30 the same night. The occurrence took place in this way. It appears that Baul, the first appellant, and Lurkhur (P. W. 1) who are brothers-in-law at loggerheads over a right of way. On the day in question Lurkhur was preparing his food near his house and the deceased was at the well nearby. When Baul passed that way there was an exchange