Judgment

BEG, J. :- These appeals by Special Leave are directed against the judgment of the High Court of Bombay allowing an appeal of the State of Maharashtra against the acquittal of the appellants by the Sessions Judge of Bhandara. The appellants, Yeshwant Suraj Lal and Brahmanand Tiwari were convicted under Section 302 read with Section 34 Indian Penal Code for the murder of Sukal and sentenced to life imprisonment. The appellants Rupchand and Bhadu alias Ramkishore were convicted under Section 307 read with Section 34, Indian Penal Code and sentenced to seven years rigorous imprisonment for having made a murderous assault on Zingu who escaped and lived to depose about the attack upon him and the murdered man, Sukal his relation and companion. It appears from the prosecution case that Sukal and Zingu, while returning from a fishing expedition, were waylaid and attacked by five persons, one of whom was armed with an axe, with which he killed Sukal and another with a knife with which he stabbed Zingu thrice, at about 2.30 a.m. on 15-9-66 at a place called Marartola of Village Kati near an electric lamp post. The evidence also disclosed that apart from Zingu (P. W. 8), the injured