JUDGMENT

Arun Kumar, J.-These appeals are directed against a Division Bench judgment dated 9.1.1992 of the Allahabad High Court allowing the appeals against the judgment of conviction passed by the IVth Additional Sessions Judge, Mainpuri, Uttar Pradesh. The High Court acquitted all the four accused who had been found guilty by the trial Court. As a matter of fact the trial Court convicted six accused. All of them had appealed to the High Court. During the pendency of the appeals, two accused viz., Raj Nath and Mansa Ram died and the remaining four accused were acquitted by the High Court. Hence, these appeals by the State against the judgment of acquittal passed by the High Court.

2. Briefly, the facts are that on the morning of 6th January, 1978 immediately after sunrise i.e. at about 7.00 a.m. Raja Ram left his house for his fields to start the diesel engine of his pumping set in order to irrigate his field. He required help of at least three others for the purpose of starting the engine. He called his brother Kishan Lal to follow him alongwith two other persons so that the engine could be started. It has come in evidence that starting the diesel engine during the winter month of