Judgment

MISRA, J.:- The present appeal under Section, 2 of the SC (Enlargement of the Criminal Appellate Jurisdiction) Act is directed against the judgment of the High Court of Allahabad dated 17th of September, 1975 setting aside the order of acquittal passed by the Sessions Judge and convicting the appellants under Section 302 read with Section 34, I. P. C. and sentencing them to undergo imprisonment for life.

2. It appears that wife of Babu, appellant No. 1 had been enticed away. He therefore, filed a complaint on 17th of July, 1969 against Dhani Ram, the deceased, his brother Ghurka, their maternal uncle Halka and one Ram Charan under Section 498, I. P. C. The prosecution case as unfolded in the first information report and the evidence is that Dhani Ram, deceased, used to live at the house of his father-in-law in village Kuretha. On 7th of October, 1969 he came to the house of his father Ajudhya in village Therro for getting his lands ploughed. Next day at about 9 A. M. he along with his father left village Therro for village Kuretha. His father was going there for getting seeds from one of Dhani Rams friends. When the two reached the field of Malkhan, which is said to be near