Judgment

FAZAL ALI, J.:- This appeal under the SC (Enlargement of Criminal Appellate Jurisdiction) Act, is directed against the judgment of the Bombay High Court dated 21/25-6-74 by which the High Court reversed the order of the Sessions Judge acquitting the appellants under S. 302 I.P.C. and convicted them only under S. 304 (1) and sentenced to seven years and 5 years R.I. The appellant No. 1 was sentenced to seven years R.I. and the other appellants were sentenced to five years each because of their young age. The facts have been detailed in the judgments of the Court below and it is not necessary for us to repeat the same all over again. We have heard learned counsel for the parties and have gone through the judgment of the High Court and of the Sessions Judge. The occurrence in the course of which the deceased was assaulted, took place suddenly and after hot exchange of abuses, which took place between the deceased and the appellants. The appellants are said to have assaulted the deceased with sticks. There is no evidence to show as to which of the appellants struck the fatal blow on the deceased. Having regard therefore to the circumstances of the present case and the nature of