BIND BASNI PRASAD, J.

( 1 ) THIS judgment will govern criminal Appeals Nos. 448 of 1950 and 233 of 1951. They arise out of the same occurrence. The judgments are two, because one of the accused was absconding and he was tried subsequently when he was arrested.

( 2 ) THIS is a case of a highway robbery and murder. On 16-3-1949, at about 5 P. M. one Karan singh was returning on his mare from a fair held in the village of Charthawal in the district of muzaffarnagar. Behind him were two persons riding on a horse, one of whom is alleged to be a sikh and the other a person of this Province. One Kamal Uddin who is an employee in a grove of chaudhri Misri Lal in the jungle of Charthawal was also returning from the fair. The mare and the horse passed by him and after going a short distance he noticed that one of the two parsons riding on the horse, namely the person belonging to this Province, got down and when Karan singh passed by him he caught hold of the reins and dragged him down. The Sikh who, was on the horse fired two shots from a pistol at Karan Singh. Karan Singh died instant-aneously. The person who had caught hold of the reins of the mare then rode upon the mare and drove it awa

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