Judgment

PALEKAR, J.:- These criminal appeals by special leave are by Onkar Nath, Sidhauli alias Sri Narain and Kailash respectively from the Judgment of the Allahabad High Court by which the order of acquittal passed by the learned City and Sessions Judge, Kanpur is set aside and they have been convicted under Section 302 r/w Section 34, I. P. C. and sentenced to imprisonment for life. Kailash, Onkar Nath and Sidhauli alias Shri Narain were accused Nos. 1 to 3 respectively in the Sessions Court. The charge against them was that they had, in furtherance of their common intention, committed the murder of one Manohar Lal at about 8.10 P. M. on April 23, 1964 in front of the shop of a milk vendor, Chhunno, situate in Lathi Mohal P. S. Collectorganj in the City of Kanpur.

2. The deceased Manohar Lal was about 22 years old and was the son of one Kailash Nath. Kailash Nath had two shops-one in the Generalganj Bazar bearing the name of Kailash Nath Raj Kishore. The main business of sale and purchase was carried on in that shop. The other shop was in the Panch Kucha lane and bore the name of Kailash Nath Dalai. This shop was mainly concerned with the maintenance of Bahikhatas and oaccount bo