JUDGMENT

G. N. RAY, J.:—These appeals arise out of a Judgment dated November 18, 1980 of the, High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No.222 of 1977 (Prakash v. State of Madhya Pradesh) and Criminal Appeal No. 714 of 1976 (State of Madhya Pradesh v. Shibboo alias Shiv Narayan and two others). Criminal Appeal No. 222 of 1977 was preferred by the accused Prakash in the High Court of - Madhya Pradesh at Jabalpur against his conviction under S. 302, I.P.C. and sentence of life imprisonment in Sessions Trial No. 61/1974 in the Court of the First Additional Sessions Judge, Sagar. Criminal Appeal No. 714 of 1976 was preferred by the State of Madhya Pradesh against the accused Shiv Narayan and the other two accused Vishnu Prasad and Raju alias Raja Ram against the order of acquittal passed by the learned Additional Sessions Judge, Sagar in Sessions Trial 61 of 1974. It may be mentioned here that all the four accused persons were committed to sessions trial for the murder of one Vijay Singh on 14th February, 1974 but as accused Prakash became ill and could not be tried for long, the other three accused were tried and the aforesaid order of acquittal was passed by the Add