JUDGMENT

SHINGHAL, J.:— The Sessions Judge of Farukhabad convicted respondents Het Ram, Sobran and Ram Pal of an offence under Section 302/34, I.P.C. for committing the murder of Rati Ram, and sentenced them to rigorous imprisonment for life. He also convicted them of an offence under Section 307/34, I.P.C. for causing grievous injury to Raja Ram (P.W. 2) with intent to commit his murder, and sentenced them to rigorous imprisonment for ten years. The respondents were given benefit of doubt in regard to the murder of one Nain Sukh, brother-in-law of Rati Ram, and were acquitted. While no appeal was preferred against the acquittal, the accused went up in appeal to the High Court of Judicature at Allahabad, which took the view that the prosecution had failed to establish the guilt beyond reasonable doubt. The High Court allowed the appeal by its judgment dated January 15, 1974, and set aside the conviction and the sentences of the accused. The State of Uttar Pradesh has therefore filed the present appeal by special leave.

2. The controversy in this Court centres round a short point but, in order to appreciate it, it will be necessary to make a brief mention of some of the facts.

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