Judgment

R. S. SARKARIA, J. :- This appeal is directed against a judgment dated December 2/4, 1972, of the High Court of Bombay, whereby it converted the acquittal of the appellants herein, into a conviction under S. 302 read with S. 34, I. P. C.

2. According to the prosecution, Damji had illicit relations with Smt. Bachibai wife of Dana Ravji Patel, appellant, who was original accuseed No. 1 at the trial. Dana was aware of these relations, and about two to four months before the occurrence, he had threatened to kill the deceased. Damji deceased, along with his wife and daughter, was living in a room in Building No. 3, Bhaveshwar Nagar, Ghatkopar, Bombay.

3. On November 29, 1969, at about 7 p. m. the deceased was returning home on his bicycle. When he entered the lane adjacent to the said Building No. 3, both the appellant assaulted him with knives, Pramila (P. W. 2), aged about 13 years, the daughter of the deceased, was sitting on a charpoy in the compound of Building No. 3 This compound is enclosed by a wall and is close to the lane. Another girl, named Kuvarbai (P. W. 5). also aged 13 year was sitting on the Otal nearby. On being attacked, the deceased cried out : Bachao Bachao. O