JUDGMENT

GUPTA, J. :— The two appellants before us were convicted by the trial court of offences under S. 307 read with S. 34 I. P. C. and S. 333 read with S. 34 I. P. C. and each of them was sentenced to six years and four years rigorous imprisonment respectively under the aforesaid two charges. On appeal the High Court affirmed the order of conviction and the sentences passed on the accused appellants. The prosecution case is that on 16th October, 1972 at about 2-30 a. m. P. W. 1 and P. W. 9 (Bhagwan Singh and Maharaja Singh), police constables on duty, saw a truck loaded with fuel wood passing through the town Bagh towards Kukshi P. W. 5 Latif, cleaner of the truck, and appellant Yaqoob were in the same truck. The truck belonged to the other appellant Bhagwan. Suspecting that the fuel was being illicitly taken away, the two constables stopped the truck and asked for the permit. Latif was then sent to summon appellant Bhagwan who is said to be the owner of the truck. The constables asked the driver of the truck to turn the truck and take it to the police station. As there was no sufficient space for turning the truck, constable Bhagwan Singh (P. W. 1) asked the driver to take the