Kailasam, J. - (1.) This appeal is preferred by accused Nos. 1 and 2 in the trial Court by certificate granted by the Mysore High Court against its judgment reversing the order of acquittal passed by the Sessions Judge, Bijapur and convicting them of an offence under Section 302 read with Section 34 of the Indian Penal Code and sentencing them to imprisonment for life.
(2.) The two appellants and Ningappa Hanmantappa Polici, the third accused, were charged for the offence of murder of one Basangouda Gurappagouda Biradar alias Patil said to have been committed by them at about 7-45 p.m. on 29th May, 1970 at Bijapur town by cutting him with axe and sickle.
(3.) The trial Court found that the prosecution had failed to establish the guilt of the accused beyond reasonable doubt and acquitted all the three accused of the offences with which they were charged. The State of Mysore preferred an appeal against the judgment of acquittal passed by the Sessions Judge to the High Court of Mysore. By its judgment dated 20th October, 1972 in Criminal Appeal No. 219 of 1971 the High Court allowed the appeal of the State so far as the appellants are concerned, found them guilty of an offence under Section 302 read with Section 34 of Indian Penal Code and sentenced each of them to rigorous imprisonment for life. It dismissed the appeal of the State so far as the third accused is concerned. Leave to appeal having been granted to the appellants by the High Court this appeal is before us.;