JUDGMENT

Santosh Hegde, J.-The above appeals are filed against the judgment of the High Court of judicature at Allahabad, Lucknow Bench, whereby the High Court allowed the Criminal Appeal filed by the respondent against his conviction and dismissed the Criminal Reference made by the third Additional Sessions Judge Unnao for confirmation of death sentence awarded to the respondent.

2. The respondent herein and five others were charged for offences punishable under Sections 302 and 364 IPC before the said Trial Court at Unnao for having caused the death of one Rakesh Kalra on 27th of May, 1988. The learned Sessions Judge while acquitting five of the accused persons found the respondent herein guilty of offence punishable under Section 302 for which he was awarded death penalty. The respondent was found guilty of offence under Section 364 IPC for which he was awarded life imprisonment. As stated above the appeal filed by the respondent was allowed by the High Court, while the reference made by the Sessions Judge was rejected consequently, the judgment and conviction recorded by the Trial Court came to be set aside.

3. The prosecution case in brief is that deceased, Rakesh was a good frie