Judgement

RAY, J.:- This is an appeal from the judgment of the High Court of Gujarat.

2. The appellants were charged with offences under Section 302 and 323 read with Section 34 of the Indian Penal Code. Accused Nos. 1 and 2 were charged for the individual offences under Sections 302 and 323 of the Indian Penal Code for intentionally causing death of Amarji and for causing simple hurt to Vaghji Mansangji. The deceased Amarji was the brother-in-law (sister s husband) of Vaghji Mansangji. Two important eye-witnesses were Pabaji, Dajiba and Pachanji Kesarji. Amarji was Pabaji s mother s sister s son. Pachanji is the first cousin of Vaghji Masangji.

3. Accused No. 3 Mulubha is the maternal uncle (mother s brother) of accused No. 2 Ranubha Naranji and accused No. 1 Hethubha alias Jithubha is the son of another maternal uncle of accused No. 2.

4. Accused No. 2 was residing at Bhalot. Vaghji also resided there. About two months prior to the date of the occurrence on 26th January, 1965at 8 p. m. there was a quarrel between the children of the house of accused No. 2 Ranubha and the children of the house of Vaghji. There was exchange of words between the members of the two families. Accused No.