Judgment

DR ANAND

( 1 ) THESE two appeals under Section 2 (a) of the Supreme court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, are a directed against the judgment of the Allahabad High Court allowing the appeal of the respondent State and setting aside the acquittal of the appellants in both these appeals. Since, the appeals arise out of the common judgment, these are being disposed of by this common judgment.

( 2 ) KALU, Neelu, Meharaj Singh and Babu were challaned by the police for an occurrence which took place on 3-11-1977 at 11. 00 or 11. 15 a. m. at village Dhanju in which one Laxman Singh was murdered. The trial court acquitted all the accused, against which order the State went up in appeal to the High Court. Neelu died during the pendency of the appeal in the High court and, therefore, appeal against him abated. The High Court maintained the acquittal of Babu who is the sisters son of Kalu and Neelu, the two brothers, while convicting Kalu and Meharaj Singh for various offences. The state has not filed any appeal against acquittal of Babu. Kalu and Meharaj singh have filed two separate appeals, as noticed earlier.

( 3 ) ACCORDING to the prosecution case, on a