P.N.SHINGHAL, J.

(1) THIS appeal of Banka Nayako. Radhakrishna Choudhury and Dandapani Choudhury, by special leave, is directed against the appellate judgment of the orissa High court dated 10/02/1971, upholding their conviction for an offence under S. 302/34 1. P. C. and sentence of rigorous imprisonment for life.

(2) IT is not in dispute, and is in fact admitted, that there was a longstanding dispute between Ramchandra Choudhury (Public Witness 1) on the one side, and appellants Radhakrishna Choudhury and Dandapani Choudhury on the other. Appellant Banka Nayako is the servant of Radhakrishna Choudhury. The dispute related to partition of joint family properties, and gave rise to several civil and criminal cases. saita naik was the servant of Ramchandra Choudhury (Public Witness 1) and was his- Supporter in the litigation. He had also started some criminal cases against the appellants and was a witness for Ramchandra Choudbury (Public Witness 1) in some cases against the accused. He was involved in some cases started by appellant Dandapani Choudhury. A dacoity case started by Ramchandra Choudhury (Public Witness 1) was pending against the accused on th