Judgement

CHANDRASEKHARA AIYAR J. : The three appellants and another Abdul Hai Khan were tried by the Sessions Judge of Ghazipur for the murder of one Sikandar Khan, and they were acquitted. The state preferred an appeal against the acquittal of the High Court. The acquittal was set aside and they were convicted under Ss. 147 and 302/149, Penal Code, and sentenced to two years rigorous imprisonment and transportation for life respectively, the sentences being made to run concurrently. The appellants have come up before this Court on special leave. Abdul Hai Khan, the other accused died in jail earlier.

2. The case for the prosecution shortly stated is this, Sikandar Khan, his son, Amanat Ullah Khan (P.W.1), and syce Munshwar Chamar (p. W. 7) left their village, Mania, at about 10-45 A. M. on 21-12-1947 to go to Dildarnagar to catch a train for Ghazipur, where they had to be present in connection with certain criminal proceedings arising out of the murder of one Munir Khan. They were joined on the way by Sitar Khan and Altaf Khan of the same village, who were going to Usia on their own business. Sikandar Khan was riding a horse. At about 12 noon when the party reached a place in the