JUDGMENT

1. This appeal by special leave arises out of a judgment and order dated 26th September, 2001 passed by the High Court of Judicature at Allahabad whereby State Appeal No. 902 of 1979 against Indra Sen alias Male and Matibar Singh was allowed, judgment and order dated 20th November, 1978 passed by the Addl. Sessions Judge, Jaunpur acquitting them for offences punishable Under Section 307 read with Section 34 of the Indian Penal Code, 1860 (IPC) set aside and both Indra Sen and Matibar Singh convicted and sentenced to undergo rigorous imprisonment for a period of five years on the said count. The facts in the background whereof both Indra Sen and Matibar Singh came to be arrested and prosecuted for the commission of an offence punishable Under Section 307 read with Section 34 of the IPC have been set out at considerable length by the learned Trial Judge as also by the High Court in the judgments impugned before us. It will, in our view, serve no purpose to repeat the same over again at length. All that we need say is that the incident in question appears to have taken place on 20th April, 1976 at about 7.00 a.m. when the complainant and victim of the assault was going from hi