Judgement

NATARAJAN, J.:- This Appeal by Special Leave is directed against the judgment of the High Court of Allahabad partly allowing Govt. Appeal No. 3045 of 1972 and setting aside the acquittal of the appellants herein and convicting them under Section 302 read with Section 34, Indian Penal Code under two counts and sentencing them to imprisonment for life under each count for committing the murders of one Ram Nath and his father Bhagwan Das on the afternoon of July 24, 1970 at village Chandwari Police Station, Jaria, District Hamirpur. There was another accused by name Kallu who was also acquitted by the Sessions Judge, Hamirpur but the High Court has affirmed his acquittal under Section 302 read with Section 109, Indian Penal Code.

2. The three appellants and Kallu were charged for having committed the murders of Ram Nath and Bhagwan Das by the first appellant attacking them with an axe and the second and third appellants attacking them with spears at the instigation of Kallu to commit the murders. The motive for the attack is said to be that about one year before the occurrence there was a theft of the licenced gun of Bhagwan Das and a complaint therefor had resulted in Kallu b