Judgment

RAY, J.: This is an appeal by special leave from the judgment dated 17 March,1967 of the High Court at Allahabad acquitting all the accused, setting aside their convictions and sentences passed by the Sessions Judge, Agra and rejecting the reference made by the Sessions Judge, Agra for confirmation of death sentences passed upon the accused Sri Mohan, Hari Mohan and Ishaq alias Irshad.

2. There were 7 accused. They were Juggo alias Jagdish, Madan Mohan, Sri Mohan, Hari Mohan, Sri Chand, Sri Narayan and Ishaq. Madam Mohan, Sri Mohan and Hari Mohan were sons of Gaya Prasad. Sri Chand and Sri Narayan were sons of Ninua Ram Ishaq was the servant of Madan Mohan, Sri Mohan and Hari Mohan. They were charged for the murder of Lalu alias Raj Gopal. All the accused excepting Jaggo alias Jagdish were committed under section 148 of the Indian Penal Code and section 302 read with section 149 of the Indian Penal Code, Jago was committed under section 147 of the Indian Penal Code and S. 302 read with section 149 of the Indian Penal Code.

3. The prosecution case was that Lalu was pairokar of Kali Charan in a criminal case filed by him against Jaggo and another person named Iqbal. On 17 July,