JUDGMENT

K. S. Radhakrishnan, J.:-The appellants herein were charge-sheeted for the offences punishable under Section 302 of the Indian Penal Code. The accused Habib was charge- sheeted under Section 302 IPC and the remaining two accused persons including Manuwa were charge-sheeted under Section 302 read with 34 IPC, however, Manuwa was also charge-sheeted under Section 307 IPC as well.

2. The trial court after appreciating the oral as well as documentary evidence acquitted all the accused persons vide its judgment dated 3.10.2008. Aggrieved by the said order the State preferred G.A. No.114 of 1982 before the High Court of judicature at Allahabad. The High Court, vide its judgment dated 23.3.2007 confirmed the acquittal of the accused Bhappa but acquittal of Habib and Manuwa was set aside. Habib was found guilty and convicted for the offences punishable under Section 302 IPC and accused Manuwa was convicted under Section 302 read with Section 34 IPC. Aggrieved by the said order Habib has filed Criminal Appeal No.911 of 2007 and Manuwa has filed Criminal Appeal No.915 of 2007.

3. The prosecution story is that Sammo, daughter of deceased Fakira and sister of Hamid (PW 1) - complainan