JUDGMENT

These two appellants, namely, Mathura Prashad and Binda Prashad have preferred this appeal questioning the correctness and legality of the judgment rendered in Criminal Appeal No. 498 / 77 by the High Court of Madhya Pradesh at Jabalpur Bench. These two appellants (A4 and AS before the trial Court) along with three others, namely, Gulab Chand and Gulab Singh and Laxman Rao (who were arrayed as accused Nos. 1 to 3) took their trial on the accusation that on the night intervening 5/6-12-75 at about 12.30 a.m. at Sarkanda, Bilaspur within the limits of Bilaspur Police Station, Civil Lines intentionally caused the death of the deceased, Keshav Singh by Gulab Singh stabbing the deceased with a knife and the rest of the people assaulting him and that in the course of the same transaction, they also committed the offence of dacoity. Under the above accusation, they were tried for offences punishable u/ S. 302, I.P.C. in the alternative u/ S. 302, I.P.C. read with 149, I.P. C. and also for offence u/ S. 396, I.P.C. The trial Court found the third accused, namely, Laxman Rao not guilty of any of the charges and consequently, acquitted him but convicted these two appellants, and accu