JUDGMENT

Shivaraj V. Patil, J.-In this appeal, by special leave, the appellants have assailed the judgment of the High Court reversing the order of acquittal made in their favour by the trial court and convicting them under Section 304-II of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 5,000/-each.

2. The prosecution case, briefly stated, Is that PW-2 Ram Charan and Vidya Rani, the deceased, had been married about 18 years prior to the incident. At about 6/7 P.M. on 4th August, 1989, Ram Charan took his wife to the dera of the appellants situated in village Sahera for getting her treated from the evil spirits, which had seized her. Kewal Nath, a co-accused, and Pritam Nath, appellant No. 1, claimed to be Sadhus in the said dera and the appellants Nos. 2 and 3, viz., Pritam Singh and Raghbir Singh, were their chelas, who were all present there. PW-2 Ram Charan told them that his wife had been seized by evil spirits and requested them to help and treat her, whereupon these appellants and Kewal Nath, the co-accused, tied Vidya Rani to a tree and started giving blows with iron rods, trishul and chimtas on v