Judgment

BHARGAVA, J. - This appeal by special leave has been filed by the State of Punjab against the acquittal of the respondent Tarlok Singh by the High Court of Punjab and Haryana for an offence punishable under Section 302 of the Indian Penal Code for which he had been convicted by the Court of Session Tarlok Singh was charged with the murder of one Smt. Ishar Kaur.

2. It is necessary to give briefly the facts, as alleged by the prosecution, leading up to this appeal. Fauja Singh was the son of one Lehna Singh. He pre-deceased his father and left behind his window Ishar Kaur and two young children Gurbachan Singh and Harnam Kaur. Lehna Singh had a daughter Smt. Paro who was married to Gulab Singh in another village. On the death of Fauja Singh. Lehna Singh asked his daughter Smt. Paro and his son-in-law Gulab Singh to come to his village Alampur to look after the young children of Fauja Singh. When Smt. Paro and Gulab Singh came and started living with Lehna Singh. Lehna Singh gave some land on a 100-year lease lo his son-in-law. Tarlok Singh appellant is the son of Smt. Paro and Gulab Singh. As time passed, relations between Tarlok Singh and Gurbachan Singh. who had grown up, b