JUDGMENT

Phukan, J.-This appeal by the State is directed against the judgment and order dated 16.8.1988 passed by the High Court of Allahabad in Criminal Appeal Nos. 2742, 2743 and 2338 of 1984 arising out of Sessions Trial No. 202 of 1982. The learned Additional Sessions Judge, Agra in the above Sessions Case convicted accused-respondents-Ashok Dixit and Chaman Lal under Sections 302 and 307 IPC and Section 25 of the Arms Act and sentenced them accordingly. Two separate appeals were filed before the High Court by the respondents-accused and one appeal by the State for enhancement of the sentence. The High Court dismissed the appeal filed by the State and allowed the appeals filed by the respondents-accused and acquitted them of their charges.

2. On 8.8.1982, at about 9.00 p.m., on hearing sound of gun shot coming from the house of deceased-Dr. Dubey, his brother-Bhagat Dayal Dubey-P.W.1, proceeded to the house of deceased Dr. Dubey, alongwith his two sons. In the house of the deceased, he met two police officer-Vijai Bahadur Singh-P.W.7, Station House Officer of Police Station Civil Lines, District Etawah, Sub-Inspector of Police-Uma Shanker Yadev, Raj Narain Singh-P.W.15-Compounde