JUDGMENT

Khare, J.-By the present appeals the appellant, State of U.P. questions the correctness of the judgment dated 27.2.1990 rendered by the High Court of Judicature at Allahabad, acquitting the respondents herein by allowing the appeals preferred by the respondents and setting aside the convictions recorded against them by the Additional Sessions Judge, Mainpuri. Before we take up the arguments of learned counsel for the appellant, it is necessary to set out the prosecution case.

2. In short, the prosecution story is that on 22.2.1985 at about 2.30 p.m., in village Nagla Pati, Police Station Bhongaon, District Mainpuri, the deceased Kalicharan was returning from the court of SDM, Bhongaon, after attending the proceedings in his case. When Kalicharan reached near the house of Ganga Ram, the accused Malkhan s/o. Bhagwan Singh armed with country made pistol, Sher Singh son of Bhagwan Singh armed with rifle, Bhagwan Singh son of Dhanpat armed with country made pistol, Murari son of Ram Narain (Murari died during sessions trial) armed with gun, Shri Kishan son of Bhola Nath armed with country made pistol (Katta), Indrapal son of Ram Bharose armed with country made pistol, Bhim Sen so