Judgment

Pattanaik, J.-These two appeals, one by the convict, Ramesh and the other by the State are directed against one and the same judgment of the High Court of Madhya Pradesh and were therefore, heard together and are disposed of by this common judgment.

2. Appellant, Ramesh along with two others, Dalla alias Dayaram and Ramesh, son of Jagannath, commonly known as Ramesh (Junior), was convicted by the learned Sessions Judge for having committed offence under Section 302 and 302/34 IPC and sentenced to imprisonment for life. On appeal, the High Court confirmed the conviction and sentence imposed by the learned Sessions Judge on accused Dayaram as well Ramesh, son of Laxman, the present appellant but set aside the convic­tion of Ramesh (Junior) under Section 302/34 IPC and acquitted him of all the charges. The appeal preferred by the State is against the acquittal of Ramesh (Junior) of the charge under Section 302/34 IPC. It may be stated, at this stage, that the learned Sessions Judge has acquitted three other accused persons who stood trial along with the appellant and against their order of acquittal, the State moved the High Court in appeal and the State’s appeal being dismisse