ORDER

Three accused, including the appellant Shera Singh, were tried for an offence of murder before the learned Sessions Judge, Ferozepur in Sessions Trial No. 1 of 1983. By the Judgment dated 29th July, 1983 the learned Sessions Judge convicted all the three accused under Section 302 read with 34 of the Indian Penal Code and sentenced each of them to suffer imprisonment for life and to pay a fine of Rs. 500/- or in default to undergo rigorous imprisonment for six months, The said three convicted accused, including the appellant, preferred appeal before the Punjab and Haryana High Court being Criminal Appeal No. 560-DB of 1983. By the impugned judgment dated 17th July, 1984, the High Court acquitted the two co-accused Lachman Singh and Balbir Singh, but the conviction of the appellant for an offence of murder under Section 302 IPC has been upheld by the High Court. It may be stated that in this case there is no direct evidence about the complicity of any of the accused in committing the murder of one Sucha Singh at about 9.00 P.M. on 28th July, 1982 excepting the evidence of the approver, being PW 13. As per illustration (b) under Section 114 of the Indian Evidence Act. 1872, an ac