Judgement

NATARAJAN, J.:- These appeals by special leave arise out of a common judgment rendered by the Allahabad High Court in three Criminal appeals filed before it by the appellants and one Raj Kishore. Appellant Subash and appellant Shiv Shankar were convicted along with Raj Kishore by the 4th Additional Sessions Judge, Bareilly under S. 302 read with S. 34, Penal Code and S. 324 read with S. 34, Indian Penal Code respectively for having committed the murder of one Ram Babu and for having caused hurt with a knife to witness Dinesh Shankar. For the said convictions they were awarded imprisonment for life and three years R. I., respectively and the sentences were ordered to run concurrently. One Om Kumar who was also sent up for sessions trial under the two charges mentioned above was acquitted by the Sessions Judge. The three convicted persons preferred appeals to the High Court and the High Court has confirmed the convictions and sentences awarded to Subash and Shiv Shankar but acquitted Raj Kishore.

2. The offences in question were committed on March 12,1971 i.e., a day after Holi Festival at about 11 a.m. on the Bareilly-Nainital Road in Bareilly. The prosecution case was that