Judgment

JUDGMENT:- This appeal is preferred by the State of Gujarat feeling aggrieved by the judgment of the High Court of Gujarat dated 26th November, 1979 made in Criminal Appeal No. 1168/78 whereby the High Court reversed the judgment of the trial Court convicting the two respondents herein under Section 302 read with S. 34, I.P.C. and S. 325 read with 5. 34, I.P.C., and sentencing each of them to undergo imprisonment for life and for a period of two years rigorous imprisonment respectively. The respondents Nos. 1 and 2 are brothers. According to the prosecution these two respondents along with their sister by name Puribai who was arrayed as accused No. 3 before the trial court, in furtherance of their common intention caused the death of the deceased who was none other than the elder brother of the respondents and also injured P.W. 5, the wife of the deceased. The occurrence is stated to have occurred on 4-11-1977 at about 8.00 a.m. near a field.

2. It transpires from the evidence that there was enmity between the deceased and the respondent with regard to the diversion of water to their field and right of enjoyment over a passage. On the day of occurrence, the deceased accompan