JUDGMENT

SARKARIA, J. :— We have heard the learned counsel on both sides. There were three persons who were prosecuted for the murder of one Surendra Prasad Singh a young man of about 21 years. The prosecution allegation was that Shambhu Kuer caught hold of the deceased, and Mandip gave three blows to the deceased with a knife. Out of the accused persons one, Kailash was acquitted by the trial Court, while the other two were convicted : Mandip under S. 302 and Shambhu Kuer under S. 302 read with S. 34 I.P.C. During the pendency of the appeal Mandip was released by Government on the ground of serious illness. Mandips appeal was therefore dismissed as infructuous. The conviction of appellant Shambhu Kuer was upheld by the High Court, with the finding that he continued to hold the deceased till the assault was completed by Mandip. One of the three injuries on the deceased which had pierced the right lung, was according to the medical witness, sufficient to cause the death in the ordinary course. Counsel for the appellant contends, and we think right that the eye-witnesses did not clearly state that the appellant continued to hold the deceased till the assault was over. All that appear