Judgment

TULZAPURKAR, J. :- The three appellants along with one Ram Kishan (since acquitted) were tried for offences u/Ss. 302 and 323 read with Sec. 34 I.P.C. as also under Sections 218 and 342 I.P.C. before the learned Sessions Judge, Karnal in Sessions Case No. 3 of 1973 but the learned Sessions Judge on an appreciation of the evidence led by the prosecution as well as by the defence acquitted them of all the charges on the ground that the prosecution had failed to prove the offences charged. The State of Haryana preferred an appeal being Criminal Appeal No. 501 of 1973 to the High Court challenging the said acquittal and the High Court by its judgment and order dated 22nd November, 1976 allowed the State appeal so far as the three appellants before us are concerned, but confirmed the acquittal of Ram Kishan. The High Court convicted the appellants under Sec. 302 read with Section 34, I.P.C. and sentenced each of them to suffer imprisonment for life and further convicted the first two appellants (Ram Chander and Chand Ram) under Section 218 I. P. C. and sentenced them to suffer rigorous imprisonment for two years each; the substantive sentences were directed to run concurrently.