Judgment

PATHAK, J.:- This appeal, preferred under the SC (Enlargement of Criminal Jurisdiction) Act, 1970, is directed against the judgment and order of the High Court of Gujarat setting aside the judgment and order of acquittal passed by the trial Court and convicting and sentencing the appellants for offences under Section 302 read with Section 34, Indian Penal Code, and under Section 326 read with Section 34 of the Code.

2. The appellants, Ajit Singh and Balwant Singh, are father and son. Another son is Mohan Singh. All three were charged with the murder of Manilal and with causing injuries to Parmabhai, Bhulabhai and Natwarlal. The prosecution case is that Manilal, Bhulabhai and Bhikabhai were three brothers residing in a chawl belonging to the appellant Ajit Singh that on 9th April, 1975 Manilal drew his salary from the factory where he worked and at about 6.45 p.m. on returning to his room in the chawl he was met by the appellants and Mohan Singh. They demanded payment of rent but Manilal said he would pay it only on the next day. His refusal to make immediate payment is alleged to have infuriated Balwant Singh who, it is said, inflicted two kirpan blows on him. Upon this Mani