Judgment

FAZAL ALI, J.:- In this appeal under the SC (Enlargement of Criminal Appellate Jurisdiction ) Act the appellant has been convicted by the High Court under Section 302 read with Section 34 of the Indian Penal Code and has been sentenced to imprisonment for life and has also been convicted under Sections 392/34 and 201/34 sentenced to seven years R. I. and fine of Rs. 1000/-, sentences were ordered to run concurrently. The case was originally tried by the Sessions judge who after considering the evidence acquitted the appellant or the charge under Section 302/34 and Section 201/34 and Section 392, I. P. C. but convicted the appellant only under Section 411, I. P. C. and sentenced him to two years R. I. Thereafter the State preferred an appeal to the High Court against the order of acquittal of the appellant by the Sessions judge which was allowed by the High Court and the appellant was convicted as indicated above. Before the High Court the appellant had also filed an appeal against his conviction under Section 411.

2. We have heard counsel for the parties at great length and have gone through the judgment of the Sessions Court and that of the High Court and are clearly of the