JUDGMENT

FAZAL ALI, J.:— These two appeals are directed against the judgment of the Maharashtra High Court, convicting the appellants under Ss. 302/34 of the I. P. C. after reversing the order passed by the Sessions Judge acquitting the two appellants. The appellants have filed these appeals under S. 379 of the Cr. P. C. and the provisions of the SC Enlargement of Appellate Jurisdiction Act.

2. It is rather an unfortunate case of patricide resulting from a dispute relating to property. A detailed narrative of the prosecution is to be found in the High Court Judgment and it is not necessary for us to repeat the same here. Suffice it to say that there appears to be no love lost between deceased Babu Bapu Vaid and his son, accused No. 1 Ananta, hereafter to be referred as A-1. The other accused Vithal Somnath More was a friend of A-1 and will be referred to as A-2. It appears that A-1 was living separately from his father and uncles and he filed a suit for partition of the property against his father. A partition decree was passed and when the occurrence took place an appeal against the decree was pending in the appellate court. On 3rd Feb., 1971 while the deceased was coming towards h