JUDGMENT

FAZL ALI, J.:—In this appeal under Section 2A of the SC (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, appellants Molu, Hoshiara and Ishwar have been convicted under Sections 302/34, I.P.C. and have been sentenced to imprisonment for life and a fine of Rupees 1,000/- each. They have also been convicted under Sections 325/34, I.P.C. and sentenced to one year rigorous imprisonment, by the High Court by its order dated September 25, 1972 after reversing the order of the Additional Sessions Judge, Hissar acquitting all the accused.

2. The police had submitted a charge sheet against five persons, namely, Chandu, Mam Chand, Molu, Houshiara and Ishwar all of whom were acquitted by the Additional Sessions Judge, but the High Court, while reversing the judgment of the Additional Sessions Judge, maintained the acquittal of Chandu and Mam Chand who were brothers being the sons of Udmi. The appellant Molu is also the son of Udmi and Hoshiara and Ishwar are the sons of Mam Chand the acquitted accused. Put briefly, the prosecution case was that on December 28, 1969 P. W. Chhailu s/o Ram Nath deceased had come from his village to his fathers house and had stayed for the night