Judgment

BACHAWAT, J.: Thurukanni Pompiah, Siddaiah, Singapurada Hussaini and Nitravatti Rudramuni were charged under S. 302 of the Indian Penal Code with the offence of murdering Ullegadde Eranna on September 29, 1961 at about 11 A. M. on the road from Kampli to Shanapur at a distance of about a mile. The Sessions Judge, Bellary convicted all of them of an offence under S. 325/34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for three years. All the four accused as also the State preferred separate appeals. The High Court allowed the appeals of Siddaiah and Rudramuni, set aside their conviction and sentence and acquitted them. The appeals of Pompiah and Hussaini were dismissed. The appeal by the State was allowed in part, the conviction of Pompiah and Hussaini was altered into one under S. 326/34 of the Indian Penal Code, and in lieu of the sentence imposed by the Sessions Judge, they were sentenced to undergo rigorous imprisonment for a period of four years. Pompiah and Hussaini now appeal to this Court by special leave.

2. Deceased Eranna was a resident of village Tekkalakota in Sirugappa Taluk, Bellary District. Eranna and Pompiah were great friends