JUDGMENT

TULZAPURKAR, J.:— This appeal by special leave has been preferred by the State of Uttar Pradesh against the judgment and order of the Allahabad High Court dated October 31, 1973, in Confirmation Reference No. 25 of 1973 and Criminal Appeal No. 634 of 1973 and Criminal Appeal No. 634 of 1973, acquitting respondents 1 to 5 in respect of the offences said to have been committed by them under Ss. 147, 148, 379, 302 and 302 read with 149 of the I. P. C.

2. The prosecution case as revealed by the evidence led at the trial may briefly be stated as follows:

The deceased Uma Shanker and his father Mannu Lal (P. W. 1) as also all the five respondent-accused have been the residents of village Karmer, P. S. Orai. The deceased Uma Shanker, his father Mannu Lal (P. W. 1) and respondent-accused Ram Gopal (original accused No. 3) used to practise the profession of Purohit in villages Karmer, Bamhori and surrounding villages. It appears that there was professional rivalry between Uma Shanker and Mannu Lal on the one hand and Ram Gopal (A-3) on the other and for quite some time prior to the incident in question which took place on July 5, 1971, the villagers of Karmer had stopped engaging th