JUDGMENT :-

H.L. DATTU, J.

1) This appeal is directed against the judgment and order passed by the Division Bench of the High Court of Gujarat in Criminal Appeal No. 744/1985 dated 15.07.2002. By the impugned judgment and order, the High Court has reversed the order of acquittal passed by the Additional Sessions Judge, Amreli in Sessions Case No. 22/84 and convicted the two appellants for the offence punishable under section 302 read with section 34 of the Indian Penal Code, 1860 [“the IPC” for short], sentencing them to imprisonment for life and a fine of ` 1000/- each, in default of which they are directed to further undergo rigorous imprisonment for six months.

2) At the outset, we note that initially there were three accused before the Trial Court, and they were all acquitted for the offences alleged against them. During the pendency of the appeal before the High Court, A1 (Kathi Fakira Vajsur) expired, and the appeal stood abated as against him. The other two accused, namely A2 (Kathi Bharat Vajsur) and A3 (Kathi Ramku Vajsur) are prosecuting this appeal. During the pendency of this appeal, this Court had enlarged the appellants on bail vide order dated 03.12.2002.

3) The fac