Judgment

Thomas, J.-The place of occurrence of this double murder case is within the vicinity of the Sessions Court of Allahabad. Victims of the murder were inter se brothers-in-law and the alleged murderers were also like that. One of the victims was facing trial in another murder case at the same Sessions Court and with his murder the said trial stood abated in that case. But the trial in the present case passed through all the stages and the sessions court convicted the two ac­cused of murder and death penalty was imposed on them. The High Court of Allahabad on appeal acquitted them both. So the State of U.P. has come up with this appeal by special leave.

2. Murder for murder was the motivation for the occurrence as per the prosecution case. Synopsis of this case is that a man named Pappu (who was the brother of first accused Sikandar Ali) was slain about a year prior to the incident in this case, and police had challaned Shamsher Singh alias Niley (one of the deceased) as an accused in that murder case along with some others. That case was committed to the Court of Sessions and the trial was proceeding before the Sessions Court. There was a posting of the case on 16.7.1986 on whi