JUDGMENT

JUDGMENT:—Special leave granted limited to the question, whether Appellants Nos. 2 and 3 shared the common intention with appellant No. 1 for committing murder of Gunjarya son of Dhanya.

2. If may at once be mentioned that the special leave petition on behalf of petitioner No. 1 was dismissed at the admission stage.

3. A few facts necessary to dispose of the contention raised oil behalf of appellants Nos. 2 and 3 may be stated. At a festival described as Indal all altercation took place between deceased Gunjarya on one hand and appellants Nos. 2 and 3 Oil the other oil account of the profane language used by appellants Nos. 2 and 3 who were then inebriated. Both of them were slapped by Gunjarya. The dispute consequent upon this altercation was settled by the local panchayat in which both appellants Nos. 2 and 3 on one hand and deceased Gunjarya on the other, were fined Rs. 5/- each : Oil May 26, 1981 when deceased Gunjarya accompanied by his two brothers Gobji and Pandys in company of P. W. 3 Hajarya, P. W. 4 Dajya and P. W. 5 Jahangriya and two others were busy dismantling the but of one Bamanya for the purpose of erecting a new hut on the nearby plot, the three accused cam