Judgment

UNTWALIA, J. - In this appeal by special leave filed by the State of Uttar Pradesh, there are three respondents - (1) Mohammad Musheer Khan; (2) Mohammad Shamim Khan and (3) Siraj Ahmad Khan. All the three were tried by the Sessions Judge of Sultanpur for the offence of committing the murder of Nirmaljeet Singh, brother of Bimaljeet Singh, P. W. 1. Respondent No. 1 was convicted under Section 302 of the Penal Code and sentenced to death. The other two respondents were convicted for the said offence with the aid of Section 34 and each of them was awarded a sentence of life imprisonment. The respondents filed an appeal in the Allahabad High Court and a reference for the confirmation of the death sentence imposed upon respondent No. 1 was also made by the Sessions Judge. The High Court was rejected the reference, allowed the appeal and acquitted all the three respondents. Hence this appeal by the State.

2. There is a college known as B. P. Intermediate College at Kurwar, P. S. Kotwali, in the District of Sultanpur. Several students from different villages were reading in the various classes of the college, including the respondent, the deceased, his brother P. W. 1 and some oth