JUDGMENT

Sema, J.-By an order dated 15-6-1990, the Addl. Sessions Judge, Amritsar convicted the accused Sucha Singh, Major Singh and Kashmir Singh alias Bitoo for an offence under Section 302/34 IPC and sentenced them to undergo RI for life and a fine of Rs. 5000/- each and in default of payment of fine further RI for 2 years each. Being aggrieved, the accused preferred an appeal i.e. Criminal Appeal No. 220 DB of 1990. By the impugned judgment and order dated 11.5.1992, the High Court has reversed the conviction and sentence passed by the Addl. Sessions Judge and recorded the acquittal of the accused. This appeal has been preferred by the State.

2. Briefly stated, the prosecution case is that PW-4 Gurdial Singh lodged a complaint at S.G.T.B. Hospital, Amritsar on 8.10.1987 at 11.40 a.m. to the effect that he was a resident of village Lawan and was an agriculturist. He had two sons. The elder one was Sarabjit Singh (deceased) and the younger one was Gurwinderpal Singh. He further stated that his wife Amarjit Kaur was having pain in the abdomen and was suffering from dysentery. At about 7.00 a.m. complainant Gurdial Singh was in his fields which is adjacent to the matalled road. PW-5