JUDGMENT

 Heard learned counsel.

2. This is an appeal under Section 379, Cr.P.C. read with Section 2 of SC (Enlargement of Criminal Appellate Jurisdiction) Act. The appellant - sole accused in this case was tried for offence punishable under Section 302, Indian Penal Code for causing the murder of Vashram Mughji - the deceased in the case. The prosecution relied on the three eye-witnesses PWs 2, 3 and 10. The trial court pointing out some discrepancies in their evidence acquitted the appellant. The State preferred an appeal and the High Court having examined the evidence of each of the witnesses came to the conclusion that the reasons given by the trial court are wholly unsound for rejecting their evidence and accordingly allowed the appeal and convicted the appellant. The prosecution case is as follows: -

The material witnesses - the deceased and the accused belong to village Nani Parabdi near Rajkot. There was an enmity between the accused and the members of the family of the deceased and the dispute was about a land that started 10 years back. Father of the accused filed a case against the deceased and his family members. The agricultural lands of the accused were adjacent to the