Judgement

SINHA, J. : This is an appeal by special leave from a judgment and order of a Division Bench of the Allahabad High Court dated the 31-3-1953 allowing the appeal of the State of Uttar Pradesh against the order of acquittal passed by the Additional Sessions Judge of Meerut dated the 25-5-1951, so far as the appellant was concerned. The appellant an another person named Hoshiara had both been placed on trial for an offence under S. 302, Penal Code read with S. 34, Penal Code. Both had been acquitted by the learned trial Judge.

But the State of Uttar Pradesh preferred an appeal only as against the appellant. The appellant has been convicted under that section and sentenced to transportation for life.

2. The charge against the appellant, as also against the co-accused was that on the night between the 3rd and 4th June 1950 in village Tavela Garhi, P. O. Binauli. sub-district Sardhana, district Meerut, he had murdered Smt. Shivdevi in the latter s gher and thereby committed an offence punishable under S. 302, Indian Penal Code. The first information report had been lodged by Sub-Inspector Bishram Singh to the effect that he along with head constable Ram Bahadur Singh and consta