1. Roshan Lal, Hari Nand and Yasin, residents of Misarwala Tehsil Paonta, district Sirmur, were committed, to the Court of Sessions Judge, Mahasu, Sirmur, Bilaspur and Kinnaur Sessions Division in connection with the murder of Sant Ram, Forest Guard, who was in-charge Majra, forest beat, Tehsil Paonta. The learned Sessions Judge convicted and sentenced Roshan Lal. under Sections 302 and 201 I.P.C., but acquitted Hari Nand and Yasin. Roshan Lal has filed Criminal Appeal No. 12/63 against his conviction and sentence. The Union of India has filed Criminal No, 24/63 against the acquittal of Hari Nand and Yasin. This judgement will dispose of both the appeals.

2. The prosecution case against Roshan Lal., Hari Nand and Yasin. accused, was as follows : The relations, between Sant Ram and the villagers, including the residents of Misarwala village, had become strained as Sant Ram used to maintain a strict watch over the forest, in the discharge of his official duties and did not permit the villagers to cut and steal wood from the forest.

3. Roshan Lal accused, who had worked, for sometime, as a domestic servant with Hari Nand accused, and had then left his service, was called by the