JUDGMENT

FAZAL ALI, J. :— The appellant Joga Gola who was A-1 before the trial Court was tried along with other four accused persons by the Sessions Judge. under S. 302/34 and Ss. 412 and 396 of the I. P. C. and-other charges. The Trial Court acquitted the accused and disbelieved the approvers testimony which was the central evidence on the basis of which the prosecution wanted the Court to convict the accused. The State filed an appeal against the order of acquittal passed by the Sessions Judge but the High Court dismissed the appeal so far as accused Nos. 3, 4 and 5 are concerned in limine but admitted the appeal of accused Nos. 1 and 2. The accused No. 2 did not appear before the High Court and remained absconding so that the High Court had merely to consider the case of accused No. 1 who is appellant Joga Gola before us.

2. The prosecution case was that on 12th Sept. 1967 at about 5.00 p.m. the five accused persons wanted to kill Ramdevsingh, PW-18, but when they came across the two deceased Mangubha Khumansingh and Makhubha Amarsingh, they assaulted them with lathis as a result of which these two persons died. The accused then, particularly accused Nos. 1 and 2, bolted away wit