JUDGMENT

K.G. Balakrishnan, J.-These appeals are preferred by the State of Uttar Pradesh assailing the acquittal of the three respondents accused of the offences charged against them under Section 302 read with Section 34 IPC. The respondents-accused were found guilty by the Sessions Court. Rampur, for offences punishable under Section 302 read with Section 34 IPC for having caused the death of one Khurshid Mian.

2. The incident giving rise to the present appeals happened on 2.8.1978 at about 5.45 P.M. in Mohalla Mazar Tat. On the date of occurrence, Achhey Mian, brother of deceased Khurshid Mian, who lived in Mohalla Nalapar, visited his brother Khurshid Mian. Their father, Banney Mian, had died 28 days prior to the date of occurrence and Achhey Mian visited his brother Khurshid Mian to discuss about the arrangements for the Chaalisvan [the fortieth day ceremony] of their late father. Achhey Mian found the house of his brother locked. There, he met Wajid Khan, who told him that Khurshid Mian had gone to the mosque for offering prayer. Achhey Mian; witness Wajid Khan; and one Alla Rakha stood in front of a shop and were exchanging pleasantries. They saw the three accused persons comi