JUDGMENT

P. Venkatarama Reddi, J.-S.L.P. (Crl.) No. 2290 of 1993

Leave granted.

2. These appeals by special leave, one filed by the informant (P.W.5) and the other by the State of U.P. arise out of the judgment of the High Court of Allahabad in Criminal Appeal No. 1668 of 1980. That appeal was filed by the accused (respondents herein) against the conviction recorded against them under Section 302 read with Section 34 I.P.C. and the life sentence imposed. The High Court acquitted the accused of the offence with which they were charged and allowed the appeal. The High Court observed that the prosecution was not able to prove the case against the accused by cogent, consistent and reliable evidence.

3. The two accused-respondents were charged for murdering one Harnath Singh of the same village on 8.12.1979 at about 11.30 a.m. at the house of Shivanandan (P.W. 1). They were also charged under Section 323 read with Section 34 I.P.C. for causing simple hurt to Shivanandan but they were acquitted of that charge by the Sessions Court itself.

4. According to the prosecution, when the deceased was at the house of Shivanandan (PW 1) to enquire about the cultivation of his land, the accused Dharam