Judgment

BHAGWATI, J.:- This is an appeal under Section 2 (1) (a) of the SC (Enlargement of Criminal Appellate Jurisdiction) Act, 1970. The appellants were tried by the Sessions Judge, Panaji for the offence of intentionally causing the death of one Vincent Fernandes (hereinafter referred to as the deceased) on 19th October, 1971 at a place between two villages in Goa, namely, Cananguinim and Nuvem. The learned Sessions Judge Acquitted both the appellants since in his opinion the evidence led on behalf of the prosecution suffered from serious infirmities and did not bring home the offence against the appellants beyond reasonable doubt. The State preferred an appeal against the acquittal of the appellants to the Court of the Judicial Commissioner, Goa. The learned Additional Judicial Commissioner, who heard the appeal, disagreed with the view taken by the learned Sessions Judge reversing the acquittal of the appellants, convicted them of the offence under Section 302 read with Sec. 34 of the Indian Penal Code for intentionally causing the death of the deceased and sentenced each of them to suffer imprisonment for life. The appellants challenge their conviction and sentence in the pre