Judgment

Srikrishna, J.—The appellants, who were convicted for offences under Section 302/34 IPC by the IInd Additional Sessions Judge, Akola, and whose convictions were affirmed on appeal to the High Court of Judicature at Bombay, are before this Court by special leave.

2. According to the prosecution case, a young lad of 20 years, Lalit Kumar, was murdered by the three appellants by setting him on fire on 14.3.1992 at about 10.00 p.m.. The alleged motive for this heinous act is that the appellants used to advance monies to young boys, including Lalit Kumar, to enable them to gamble, and demand interest on the monies advanced. According to the prosecution, although Lalit Kumar had returned the capital amount, since he failed to return the interest as demanded by the appellants, the appellants killed him in the gruesome manner as alleged. The conviction is based on the dying declaration of Lalit Kumar (Ex. 49) and the evidence of the father of Lalit Kumar, Hanumandas (PW 2).

3. Where two courts have concurrently analysed the evidence and recorded a conviction or acquittal, this Court is reluctant to reappraise the evidence and differ therefrom save in exceptional circumstances indicat