Judgment

VAIDIALINGAM, J. :- This appeal, by special leave, by the State of U. P. is directed against the judgment and order dated 8-5-1969 in Criminal Appeal No. 199 of 1969 (Referred No. 21 of 1969) allowing the appeal of the four accused, respondents herein, and setting aside the conviction recorded against them by the learned Civil and Sessions Judge, Hardoi, under S. 302 and S. 302 read with S. 34 I.P.C.

2. The four respondents herein were tried by the Civil and Sessions Judge for the offence of committing the murder of Sikander Khan on October 16, 1967. After the filing of this appeal, the second respondent, Ishitisq Khan is reported to have been murdered and hence the appeal as against him has become infructuous.

3. In this appeal by the State, we are at present concerned only with Iftikhar Khan, son of Mohammad Hasan, Anwar Khan, son of Mohammad Hussan Khan and Syeed Khan son of Rafiq Hussain Khan, who are respondents one, three and four respectively.

4. The prosecution case was as follows :

All the respondents and the deceased, Sikander Khan, are residents of village Garhi Chand. Iftikhar Khan and Anwar Khan, respondents one and three herein, are real brothers and the other two