Judgment

KHANNA, J.:- Malkhan Singh (18) and Munshi Lal (22) were convicted by learned Additional Sessions Judge Aligarh for an offense under Section 307 read with Section 34 Indian Penal Code and were sentenced each to undergo rigorous imprisonment for a period of seven years. On appeal the Allahabad High Court altered the conviction of the two accused to that under Section 324 read with Section 34 Indian Penal Code and reduced to the sentence to rigorous imprisonment for a period of two years. The two accused have now approached this Court in appeal by special leave.

2. The prosecution case is that on January 26, 1967 at about 7 p.m. PW Jai Narain Sharma, an employee in the Sales Tax Office Hathras was going on cycle from Sasni to his village Birra. It was a night of full moon. Near a place called Quila, shots were fired from behind Jai Narain in his back. Jai Narain looked back and he saw the two accused coming on a cycle. Malkhan Singh was on the saddle of the cycle, while Munshi Lal was sitting behind. Munshi Lal was holding a pistol at that time. The two accused then went ahead of Jai Narain. Jai Narain also followed them on his cycle. At a distance of about three or three and