JUDGMENT

S.B. Sinha, J.-A judgment of acquittal rendered by the High Court of Judicature at Allahabad is in question in this appeal at the instance of the State of U.P.

2. The three respondents herein were charged for commission of an offence under Section 302/34 of the Indian Penal Code for causing death of one Sri Ram on 10/11.6.1978 at about 2.00 a.m.

Background Fact :

3. The prosecution case, as appearing from the First Information Report, is that the respondents together with one Ram Prakash (who is absconding) came to the house of deceased about 2.00 a.m. in the night. The house of the deceased was a small one with a very small courtyard. At the time of occurrence, there were five inmates in the house. Amrit Lal then aged about 12 years, son of the deceased and the first informant Ram Ratan aged 20 years, brother-in-law of the deceased were sleeping on one cot. Km. Kanth Shri, the unmarried sister of the deceased was sleeping on another cot. Renuka Devi, wife of the deceased together with her 15 day s old baby was sleeping on the third cot in the open courtyard of the house. The deceased was sleeping on another cot in the courtyard under a shed (chhappar) near the doors of the ro