JUDGMENT

DESAI, J.:— Both these appeals by special leave arise out of a judgment rendered by High Court of Himachal Pradesh in Reference No. 1 of 1973 and Criminal Appeal No. 36 of 1973. Both the appeals arise from the same judgment and were therefore heard together and are being disposed of by this common judgment.

2. The occurrence which gave rise to the present appeals took place on 7th August 1972 a little after 10.30 p.m. Parshottam Lal according to prosecution who was fatally injured in this occurrence had a few days prior to 7th August 1972 earned a prize in the amount of Rs. 5100/- in a private lottery. Along with some other amount which he had with him, it is alleged, he usually kept Rupees 8000/- in his pocket. On the date of the occurrence deceased Parshottam Lal accompanied by one Om Prakash alias Pashi visited Jyoti Cinema in the second show. Accused No. 2 Raj Kumar was also in the theatre at that time. At about this time accused No. 1 Wazir Chand (appellant in Criminal Appeal No. 369/75 and respondent No. 1 in Criminal Appeal No. 59/75) and Joginder Singh (respondent No. 3 in Cri. Appeal No. 59/75) were seen conversing among themselves in the varandah of the theatre. T