Judgment

JAGANNADHADAS, J. : THese two appeals are against a judgment of the High Court of Allahabad dated 8th May, 1953, and arise out of a trial before the Sessions Judge of Muzaffarnagar of the three appellants herein along with ten others in respect of charges under section 148, and section 302, as well as 323 read with 149 of the Indian Penal Code. The Sessions Judge acquitted these ten persons of all the charges. But so far as the three appellants are concerned, though acquitted in respect of the charge under section 302, I.P.C., they were convicted under section 304 (1) as well as under section 323, I.P.C. read with section 34, I.P.C.

The appellants in Cr. A. 37 of 1953, Kripal and Bhopal, were sentenced to five years rigorous imprisonment and a fine of Rs. 100 and the appellant in Cr. A. 77 of 1953, Sheoraj, was sentenced to four years rigorous imprisonment and a fine of Rs. 100. The three appellants files appeals to the High Court in respect of their convictions and sentences, while the State filed an appeal as against these three appellants alone in respect of their acquittal under section 302, I.P.C. In the High Court, the appeal filed by the three appellants was dismissed