JUDGMENT

Arijit Pasayat, J.-The State of Uttar Pradesh questions legality of the judgment rendered by a Division Bench of the Allahabad High Court directing acquittal of the respondents (hereinafter referred to as the accused ), 13 persons were claimed to be responsible for the death of large number of persons including small children. Of them, one namely, Mahendra died during trial. After commitment, they faced trial in the Court of Third Additional Sessions Judge, Muzaffarnagar. While the trial was in progress, 4 of them absconded and 8 persons have been tried. Three of them namely, Hardeep, Sinder Singh and Nishan Singh were acquitted by the Trial Court, while the rest five who are respondents herein were convicted for the offences punishable under Section 302 read with Section 149 of the Indian Penal Code 1860 (in short IPC ). They were also found guilty under Section 307 read with Section 149 IPC, and under Section 452 IPC. For the offence relatable to Section 307 read with Section 149 IPC they were sentenced five years RI and for the offence relatable to Section 452 they were sentenced four years RI. Respondent Veer Singh, Tahal Singh, Balkar Singh were also found guilty of