JUDGMENT

FAZAL ALI, J.:— This appeal by special leave is directed against the judgment of the Punjab and Haryana High Court dated 10-9-1974 by which the appellant Balraj Singh alias Chhajju has been acquitted of the charges framed against him.

2. The facts of the case have been succinctly stated in the judgment of the High Court as also that of the learned Sessions Judge. It appears that two accused Balaraj Singh alias Chhajju Ram and Balkar Singh alias Khola were prosecuted before the Sessions Judge who acquitted Balkar Singh alias Khola but convicted the respondent Balraj Singh alias Chhajju under S. 302 and sentenced him to death and also convicted him under S. 307 I.P.C. and S. 25 of the Arms Act. The respondent filed an appeal to the High Court and a reference was made by the Sessions Judge for confirmation of his death sentence. The High Court after careful consideration of the evidence held that the case against the appellant was not proved beyond reasonable doubt and accordingly acquitted the appellant of all the charges framed against him. Hence this appeal before us.

3. It is alleged that on 14th April, 1973 deceased Swaran Singh accompanied by his brother Surat Singh P.W.