Judgment

CHINNAPPA REDDY, J. - The sole appellant was acquitted of the charge of murder by the learned Sessions Judge of Jamnagar, but, on appeal by the State, he was convicted by the High Court under Section 302 Indian Penal Code and sentenced to suffer imprisonment for life. He has preferred this appeal under the SC (Enlargement of Criminal Appellate Jurisdiction) Act. The case of the prosecution was that there was enmity between the family of the accused and the family of the deceased Laljibhai for various reasons. One of the reasons was that Laljibhai was alleged to have committed the murder of Hirji the brother of the accused. In fact on account of the disputes in the village, Laljibhai had moved to Jamnagar. About two days prior to the occurrence he had come to the village from Jamnagar for agricultural operations. On 9th June, 1970, at about 11 a.m. he along with labourers, P.Ws. 3, 4 and 32 went to his field from the village. At about 3.30 or 4 p.m. they started to return to the village from the field. The deceased and P.W. 3 were in the first cart which was being driven by P.W. 3. P.W. 32 was in the next cart and P.W. 4 was in the last cart. They had to pass in front of the