JUDGMENT :

Abhay S. Oka, J.

FACTUAL ASPECTS

1. The appellants, who are father and son, were prosecuted for the offence punishable under Section 302, read with Section 34 of the Indian Penal Code (IPC). The incident occurred on 17th September 1996. The allegation is that the appellants assaulted one Punjabhai (the deceased) with pipes and sticks. The deceased suffered a large number of injuries and ultimately succumbed to the injuries. By judgment dated 5th July 1997, the Sessions Court acquitted the appellants. Being aggrieved by the judgment of the Sessions Court, the respondent - State of Gujarat preferred an appeal against acquittal before the High Court. By the impugned judgment dated 14th December 2018, the High Court interfered and converted the acquittal of the appellants into a conviction for the offence punishable under Section 302, read with Section 34 and Section 323 of the IPC. By order dated 6th January 2020, this Court directed that the present appeal be listed for hearing. By order dated 18th May 2021, the application for suspension of sentence and grant of bail by the first appellant was rejected by this Court. However, this Court continued the order dated 21st January