- (1.) - This appeal is preferred by the appellant who was arrayed as accused No. 2 before the Trial Court. This appellant along with one Kannu was tried for an offence u/ S. 302 read with S. 34 IPC on the allegation that on 17-8- 72 at about 9-00 or 9-30 p.m. he plucked the deceased and pinned him down by catching hold of his hands from behind and thereby facilitated the first accused (Kannu) to stab the deceased.
(2.) The Trial Court not accepting the evidence adduced as against this appellant acquitted him holding: "It is, therefore, held that the prosecution could not bring home the guilt against the accused Pappu alias Rajesh beyond reasonable doubt and he deserves to be given benefit of doubt."
(3.) However, the Trial Court convicted Kannu u/ S. 302 simpliciter. The convicted accused Kannu preferred an appeal in C.A. No. 472 / 74. The State on being aggrieved by the acquittal of this appellant, filed an appeal challenging the order of his acquittal in C.A. No. 446 of 1975. The High Court dismissed the appeal of Kannu and allowed the State appeal and convicted the appellant u/ S. 302 read with S. 34 IPC and sentenced him to life imprisonment. Hence this present appeal by the appellant. It seems that Kannu has not preferred any appeal before this Court.;