V.RAMASWAMI, J.

(1) THIS appeal is brought by special leave from the judgment of the Bombay High court, dated 29- 30/03/1967, in Criminal Appeal No. 1560 of 1965.

(2) THE prosecution case was that on 12/12/1964, Vijay Kumar Patil, Vithal Lad and Subhas Nagvekar and the deceased Ghandrakant Gajna had gone to Chinchpokli at about 5.30 p. m. in order to play a game of hututu. They finished their game at about 7.30 or 7.45 p. m. and started their journey back to their houses by a local train from Chinchpokli station. They alighted at the Dadar railway station at about 8 p. m. and proceeded oil foot via Kabutarkhana and Kumbharwada land in order to go to their respective houses in Agar Bazar locality. When they came near the building Meera Sadan they heard someone shouting from behind "catch him. He is Mohans brother" and the three appellants came and surrounded Vijaykumar. Appellant No, 2 caught hold of Vijaykumar by his shirt and started giving him first blows. Appellant No. 1 also arrived thereafter and assaulted Vijaykumar on his legs with a stick which he was carrying. Chandrakant intervened and questioned the appellants as to why they were assaulting V