Judgement

KHANNA, J. :- Harihar Bux Singh (62) his two sons Rudra Pratap Singh (30) and Mahesh Pratap Singh (27) and there employee Ram Singh (45) were tried in the court of Civil and Sessions Judge Hardoi in connection with the murder of Hargovind Singh alias Lalla Singh (45). The learned Sessions Judge convicted Harihar Bux Singh under Section 303. Indian Penal Code and sentenced him to death. Rudra Pratap Singh was convicted under Section 302, Indian Penal Code. He too was sentenced to death. Mahesh Pratap Singh and Ram Singh were convicted under Section 302 read with Section 34, Indian Penal Code and each of them was sentenced to undergo imprisonment for life. On appeal and reference the Allahabad High Court acquitted all the four accused. The State of Uttar Pradesh has now filed the present appeal by special leave against Harihar Bux Singh and Rudra Pratap Singh.

2. Hargovind Singh deceased was a first cousion of Harihar Bux Singh accused. The two lived together in adjoining houses in village Andharra, at a distance of five mills police station Bilgram in district Hardoi. The prosecution case is that there was some dispute between Harihar Bux Singh accused the Hargovind Singh de