JUDGMENT

This is an appeal under S. 379 of the Criminal P.C. read with 5. 2(a) of the SC (Enlargement of Criminal Appellate Jurisdiction) Act, 1970. Ranjitsinh Chandrasinh Atodaria, original accused No. I is the appellant before us. He along with three others was tried for offences punishable under Ss. 302 and 302 read with S. 114 IPC. The trial Court acquitted all of them. The State preferred an appeal and the High Court confirmed the acquittal of A-2 to A-4 but convicted the appellant under S. 302 IPC and sentenced him to undergo imprisonment for life for the offence of committing the murder of Jitendrasinh the deceased in the case. The material facts are as follows:

Accused Nos. 1 and 2 brothers of the deceased and Jashvantsinh (PW-2) were formerly residing at Village Sagdol. Thereafter the appellant came to reside at Vadodara and hired a house in Atul Society. Thereafter other brothers also came to reside with him in that house. In 1975 the appellant was involved in a murder case and had to stay in jail for nearly one year. After he was released from jail, he went to stay at Village Sagdol and stayed there for about one year. After that he came to Vadodara and hired another house