Judgment

P. JAGANMOHAN REDDY, J.:- The High Court of Bombay reversed the order of acquittal of 1st and 2nd Appellant passed by the Additional Sessions Judge for Greater Bombay and convicted and sentenced each of them to life sentence for an offence of murder under Section 302 read with Section 34 of the Indian Penal Code. Against this Judgment the Appellants have come up in an Appeal before us by special leave.

2. The prosecution case is that the deceased Shantaram Sakharam Chawan, Dinker Pednekar P. W. 1. Sadu Shettey, P. W. 8 and Krishnan Chandan P. W. 10 as well as the first accused Keshav Gangaram Navge and one Gopal Parab were working in the Digvijay Mills at Bombay. In the Mills there were two workers Unions, one was Rastriya Mill Mazdur Sangh (also known as INTUC) hereinafter called Mazdur Sangh and the other was Girni Kamgar Union hereinafter called the Kamgar Union. A large number of workers belonged to the Mazdur Sangh while the Kamgar Union which was stated to have communist affiliation did not have sufficient following and was generally engaged in trying to get more workers to join it in which attempt it came into conflict with the Mazdur Sangh. The deceased Shantaram and