JUDGMENT

FAZAL ALI, J.:— This appeal is preferred by the three accused in Sessions Case No. 46 of 1976 against their conviction and sentence imposed upon them by the High Court under the SC (Enlargement of Criminal Appellate Jurisdiction) Act, 1970.

2. The three appellants were tried by the Sessions Judge for committing offences punishable under Ss. 302 / 120-B / 323 / 324 read with Ss. 34 and 109 of the I.P.C. for committing the murder of one Karsan Kala on 19-1-1976. The learned Sessions Judge acquitted all the three appellants of the charges levelled against them. The State of Gujarat filed an appeal against the order of Sessions Judge acquitting them, to the High Court of Gujarat. A Division Bench of the High Court in Criminal Appeal No. 110 / 77 allowed the appeal of the State and reversed the order of acquittal by the learned Sessions Judge and convicted them for offences under S. 302/120-B and sentenced them to imprisonment for life. They were also convicted for lesser offences and sentenced to varying terms of imprisonment.

3. The prosecution strongly relied on the evidence of three eye-witnesses Rata Mala, Ganesh and Ruda, Rata Mala was an injured eye-witness having received