The appellants, Ajit Singh and Balwant Singh, are father and son.
They demanded payment of rent but Manilal said he would pay it only on the next day.
The High Court companydoned the delay, companysidered the appeal on its merits and allowed it against Ajit Singh and Balwant Singh.
The prosecution case is that Manilal, Bhulabhai and Bhikabhai were three brothers residing in a chawl belonging to the appellant Ajit Singh, that on 9th April, 1975 Manilal drew his salary from the factory where he worked and at about 6.45 p.m. on returning to his room in the chawl he was met by the appellants and Mohan Singh.
Manilal was removed to the hospital and declared dead.
Further kirpan blows were inflicted on him there by the appellants.
The three accused were tried by the learned Additional Sessions Judge, Ahmedabad Rural , who after companysidering the evidence on the record acquitted the accused by his judgment and order dated 15th October, 1975.
Bhulabhai, who arrived on the scene, was also struck a kirpan blow.
On 26th April, 1976 the State filed an appeal in the High Court and prayed for companydonation of the delay in filing it.
Shanabhai telephoned the police companytrol room and informed them of the incident, and the Gomtipur Police Station recorded a companyplaint made by Bhulabhai.
Upon this Manilal started running away, pursued by the three accused, and headed towards the room of Parmabhai.
All three accused are said to have run away from the place then, leaving their bicycles behind.
Parmabhai, who had emerged from his room, was also attacked and given a kirpan blow.
Mohan Singh is alleged to have wielded a bamboo stick and hit Natwarlal on the head with it.
Parmabhai was admitted as an indoor patient.
Ajit Singh is alleged to have struck him further blows there in companysequence of which he fell down.
Another son is Mohan Singh.
All three were charged with the murder of Manilal and with causing injuries to Parmabhai, Bhulabhai and Natwarlal.
His refusal to make immediate payment is alleged to have infuriated Balwant Singh who, it is said, inflicted two kirpan blows on him.
Pathak, J. This appeal, preferred under the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970, is directed against the judgment and order of the High Court of Gujarat setting aside the judgment and order of acquittal passed by the trial companyrt and companyvicting and sentencing the appellants for offences under Section 302 read with Section 34, Indian Penal Code, and under Section 326 read with Section 34 of the Code.
