Judgment

VENKATARAMIAH, J.:- This Criminal Appeal under Sec. 2 of the SC (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 (Act No. 28 of 1970) is filed by two appellants - Ramji Surjya Padvi and Bhikji Surjya Padvi accused Nos. 2 and 4 in Sessions Case No. 102 of 1974 on the file of the Additional Sessions Judge, Dhulia against the judgment of the High Court of Bombay in Criminal Appeal No. 467 of 1975 by which it reversed the judgment of acquittal passed by the Sessions. Court on a charge under Section 302/34 of the Indian Penal Code and imposed the sentence of rigorous imprisonment for life on each of them after holding them guilty of the charge under Section 302/34 of the Indian Penal Code.

2. The facts of the case are these : Damji (accused No. 1), Ramji (accused No. 2) and Bhikji (accused No. 4) are the sons of Surjya Tulya Padvi (accused No. 3). Accused Nos. 1 to 4 are residents of a village called Veri in taluka Akkalkuwa. The said village was by the side of a river called Mothi Nadi. In the month of March, 1974, one Prabhat Singh (the deceased) a resident of Mojapada which is a hamlet of Bhagdari village within the limits of Dhadgao police station had grown watermel