JUDGMENT

Dr. ANAND, J.:—On 10th October, 1970, in village Changel, District Muzaffarpur, Harbansh Narain Lal Das, father of the appellant herein, was murdered and respondents Ram Briksh Rai, Giani Mandal and Mohinder Baitha along with Kusheshwar Rai (since deceased) were tried for the said offence of murder under Sections 302/ 34, IPC. The learned Additional Sessions Judge by his judgment dated 31-3-1973 convicted the three respondents herein for the offence under Sections 302/34, IPC and sentenced each one of them to suffer rigorous imprisonment for life. Giani Mandal, respondent No. 2 was also convicted for an offence under Section 379 of the Code for stealing certain articles from the person of the deceased. However, no separate sentence was awarded for this offence. The respondents preferred an appeal against their conviction and sentence in the High Court of Judicature at Patna. The High Court after reappraisal of the entire evidence on record concurred with the findings recorded by the trial Court as regard the guilt of the respondents. In the words of the High Court:

"From the scrutiny of the evidence discussed above, we feel no hesitation in coining to the conclusion that th