JUDGMENT

Dr. Arijit Pasayat, J. —

1. Challenge in these appeals is to the judgment of a Division Bench of the Allahabad High Court directing acquittal of the respondents. By the impugned judgment two appeals were disposed of. The appellant-accused in each case had questioned correctness of the judgment rendered by learned 9th Additional Sessions Judge, Kanpur in ST Case Nos. 190 of 1979 and 212 of 1979. Each was convicted for offence punishable under Section 302 read with Section 34 and Section 323 read with Section 34 of the Indian Penal Code, 1860 (in short the ‘IPC’) respectively. Additionally, accused Surender was convicted for offence punishable under Section 354 IPC.

2. Prosecution version as unfolded during trial is as follows:

In the evening of 20.3.1979 at about 6.00 pm Km. Sharmi (PW 4) was going to attend the call of nature. She was moving few steps ahead of Km. Munni. It is alleged that at the relevant moment Surendra and Suresh accosted Km. Sharmi. They told her to accompany them into Arhar field and with that intent they also held her hands. On the alarm raised by her Km. Munni rushed to her rescue. At this, both the accused persons took to their heels. On her return