JUDGMENT

FAZAL ALI, J.:— This appeal by special leave is directed against the judgment of the Bombay High Court dated 5-4-1973.

2. The respondents were convicted by the Sessions Judge under Section 302/149 of Indian Penal Code along with other accused persons. In appeal filed by the accused before the High Court, the High Court altered the conviction of the three respondents from one under Section 302/149 to that under Section 326/34. There were other accused persons also whose convictions were partly maintained and partly altered but we are not concerned with them because the State has filed the appeal only against respondents 1 and 2 who are accused 2 and 3 before the Trial Court.

3. The facts of the case have been detailed in the judgment of the High Court and the Sessions Judge and it is not necessary to repeat the same. It however, appears that two months before the occurrence, there was some dispute between the parties which furnished the motive for the assault on the deceased. Sadashiv. Accordingly to the prosecution accused Nos. 1, 2 and 3 and others came to the place of occurrence, started abusing the deceased and respondent No.1 opened the assault by giving a stick blow on