JUDGMENT

Thomas, J.-This appeal by special leave is by the State of Uttar Pradesh challenging the acquittal order passed by a Division Bench of the Allahabad High Court in a murder case. The Sessions Court had convicted four accused under Section 302 read with Section 34 of Indian Penal Code and sentenced all of them to imprisonment for life and it was on their appeal that the conviction was reversed. The four accused were arrayed in this appeal as respondents, but first respondent Harban Sahai passed away during the pendency of this appeal. So the case was considered only as against the remaining three respondents. They are: 2nd accused-Sarwan Sahai, 3rd accused-Virendra and 4th accused-Vimlesh.

2. The genesis of the events which led to the occurrence in this case was the murder of Virendra s father (Shyam Manohar) in 1976. In that murder case P.W. 1 (Shashi Bhushan) and his uncle (Jagdish Prasad - the deceased in this case) were challaned by the police as accused which ended in their conviction by the trial Court. They filed an appeal before the Allahabad High Court. During the pendency of that appeal their sentence was suspended and they were released on bail just a couple of days