JUDGMENT

Santosh Hedge, J.-The respondents herein were charged for offences punishable under Section 302 and under Section 302 read with Section 34 IPC by the VIth Additional Sessions Judge, Badaun for having committed the murder of one Jagan son of Jaspal Singh (PW 1) on 19.9.1982 at about 10 a.m. by the use of fire arms and lathis. On appeal, the High Court of Allahabad allowed the same and set aside the conviction and sentence imposed on the respondents and acquitted them.

It is against the said judgment of the High Court, the State of U.P. is in appeal.

2. Brief facts necessary for the disposal of this appeal are :

3. There was some dispute between the respondents and Jaspal Singh who has been examined as PW 1 in this case in regard to certain land originally owned by one Naraini. PW 1 claimed that he was in possession of the said land on batai basis whereas the respondents claimed that they were in possession of the said land by virtue of the agreement of sale executed by the said Naraini s heirs after her death. The further case of the prosecution is that at the relevant point of time PW 1 had grown some nuts and millets which were ready for harvest and on the date of incident PW