JUDGMENT

Thomas, J.-Leave granted.

2. This is an appeal by the State challenging the acquittal of two accused Manpal Singh (A-1) and his father-in-law Reghubir Singh (A-2), in a murder case. During the pendency of the special leave petition Manpal Singh died and hence the petition against him stood abated. So we heard counsel for the State of U.P. and counsel for Reghubir Singh (A-2) on the merits of the appeal.

3. The case involved kidnapping and murder of a minor buy (Ashok). The victim Ashok was 6 years old when he was murdered. He was none other than the youngest brother of accused Manpal Singh. He and his father-in-law Reghubir Singh were alleged to have kidnapped the led and throttled him to death and the dead body was dumped in a bit in a kachha room wherein a pumping set was housed. Sessions Judge convicted both the accused of offences under Sections 364 and 302 read with Section 34 of the IPC and sentenced them each to rigorous imprisonment for five years and imprisonment for life respectively under the two counts. But a Division Bench of the High Court of Allahabad, on appeal filed by the convicted persons. Set aside the conviction and acquitted both. Hence the State filed t