JUDGMENT

R.C. Lahoti, J.-Sewaka @ Ramsewak, the appellant was tried on charges under Section 302 IPC and Section 25 of the Arms Act. His real brother and co-accused Rakesh was tried on a charge under Section 302 read with Section 34 IPC. The trial court acquitted both the accused persons. Feeling aggrieved by the acquittal, the State of Madhya Pradesh preferred an appeal before the High Court. The Division Bench of the High Court, which heard the appeal, has allowed the same. The appellant and the co-accused, who were respondents before the High Court have been held guilty of the offences charged and sentenced to life imprisonment each. Rakesh has not preferred any appeal and in so far as he is concerned the matter has achieved a finality. The legality of the conviction and the sentence passed thereon, in so far as the appellant is concerned, are in issue in this appeal.

2. It is an undisputed fact that some time before the present occurrence the deceased Kitab Singh had appeared as a witness against the accused persons in a trial wherein the accused persons were charged for the offence of murder. The Trial Court convicted the accused persons but they were acquitted by the Hig