Judgment

KHANNA, J. :- Janardhan Narayan Suroshe and Krishna Vithu Suroshe were convicted by the Additional Sessions Judge Thana under Section 302, I.P.C. on the allegation that they had caused the death of Bhasker Narayan Suroshe. Each of them was sentenced to undergo imprisonment for life. Krishna Vithu Suroshe filed an appeal against the judgment of the trial court but the same was dismissed summarily by the Bombay High Court. Krishna Vithu Suroshe thereafter filed the present appeal to this Court by special leave. At the time the leave was granted it was directed that the appeal would be limited only to the ground wherein it had been stated that the High Court should not have dismissed the appeal in limine.

2. Bhaskar Narayan Suroshe was the brother of Janardhan Narayan Suroshe accused. The houses of Bhaskar Narayan Suroshe and Janardhan Narayan Suroshe are situated in village Raite and there intervenes a small lane between the two houses. On March, 24, 1972 at about 9 p.m., it is stated, the two accused started abusing Bhaskar deceased. Bhaskar then came to the kitchen of his house and standing in the door of the kitchen he also abused the accused. The exchange of abuses went on