JUDGMENT

Faizan Uddin, J.

1. This appeal by special leave has been directed by the two appellants Marwadi Kishor Parmanand and Marwadi Mangal Dhulji against the judgment of the High Court of Gujarat whereby the High Court has converted the acquittal of the appellants herein recorded by the Additional Sessions Judge, Junagarh into a conviction under Section 302/34 of the Indian Penal Code and sentenced them to life imprisonment.

2. The complainant Ranchhodbhai Bhagwanand. That the relevant time, was a Government Contractor and the two deceased persons, namely Punaram and Sohanlal who were known to him were also engaged in the contract business. The deceased Punaram and Sohanlal were interested in securing the contract from Saurashtra Chemicals for removal of dust (Grit) and in that connection they had approached the complainant Ranchhodbhai to ascertain whether he too was interested in the same. It is said that a sum of Rs. 25,000/- was deposited by the deceased persons through a Bank draft with Saurashtra Chemicals but no final deal was struck in their favour till 11.8.77. The complainant accompanied with the two deceased persons came to Porbandaf from Junagarh on 11.8.77 at about 11.