Judgment

NANAVATI, J.

( 1 ) THE appellant has been convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. He was tried along with two others for commission of that offence. The Trial Court convicted all the three persons but the High Court acquitted the other two. The grievance of the learned counsel for the appellant is that the High Court having acquitted the other two accused, conviction of the appellant under Section 302 read with Section 34, Indian Penal Code is not legal and proper.

( 2 ) ON the basis of the evidence of Bailu Devi-P. W.-1, the Trial Court held that there was a dispute between her husband deceased-Ram Prasad and the appellant-Ram Chandra as regards partition of their joint property. Therefore, while she was returning with her husband on 8-6-92 at 7. 00 p. m. from another village to their own village the appellant, Fago Sao and Aghnu Sao attacked her husband and killed him. The trial Court also held that the evidence of P. W.-1 that the three accused had assaulted her husband was corroborated by the evidence of P. W. 8 Pandu Munda P. W. 3-Ganesh Ohdar and P. W. 5-Prabhu Sahay. P. Ws. 3 and 5 had stated that after the