Judgment

KOSHAL, J.:- This is an appeal under Section 2 (a) of the SC (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, against the judgment dated 10th October, 1977, of the High Court of Kerala, setting aside the acquittal of the two appellants of offences under Sections 341 and 302 read with Section 34 of the Indian Penal Code recorded by the First Additional Sessions Judge, Trivandrum and convicting them of an offence under Section 302 aforesaid, with a finding that it was committed in furtherance of the common intention of them both.

2. The prosecution case may be stated thus. The two appellants harboured feelings of animosity against the deceased Janardhana Kurup, who was irrigating his field at 8.30 p. m. on 8th December, 1975. The deceased was irrigating his field when the two appellants who are father and son to each other arrived there. The father remonstrated with the deceased accusing the latter of diverting irrigation water from the field of the appellants and caught hold of the deceased from his hands while the son whipped out a knife and gave three blows therewith to the unfortunate victim before the two assailants made good their escape.

The occurrence was wit