( 1 ) THE imprisonment of life imposed upon the appellant No. 1 Aamad alias Kalu. Abdulbhai Majothi and appellant No. 2 Akbar Abdulbhai majothi/original accused Nos. I and 2 ("a 1 and A 2", for short, respectively ). On being found guilty for having committed offences punishable under Sec. 302 and Sec. 504, read with Sec. 114 of Indian Penal Code (i. P. C. for short) and also under Sec. 37 (1) read with Sec. 135 of the Bombay Police Act, 1951 (the Act for short), by. learned Additional Sessions Judge, Rajkot. in Sessions Case No. 82 of 1990, by judgment and order passed on 30-9-1991, is in the focus in this appeal under Sec. 374 (2) of the Criminal Procedure Code, 1973 (cr. P. C. for short ).

( 2 ) A short spectrum of material facts arising from the prosecution case, needs articulation, so as to appreciate the merits orthe appeal at the instance of the original accused and challenge by the respondent-State.

( 3 ) ORIGINAL accused Nos. 1 and 2 are brothers and they are also brothers-in-law of the elder brother of deceased Kasam Osman Majothi. The incident in question occurred, on 22-8-1990, between 10-30 a. m. to 11 a. m. . near Street No. 4. Ranchhodnagar Society,