JUDGMENT

SHINGHAL, J.:— This appeal by special leave is directed against the judgment of the Punjab and Haryana High Court dated July 9, 1975, giving benefit of doubt to respondent Ajit Singh (hereinafter referred to as the respondent) and acquitting him of offences under Ss. 302, 392 and 397, I. P. C. for which he was convicted by the Additional Sessions Judge of Faridkot on October 31, 1974. The Additional Sessions Judge had sentenced the respondent to death for the offence under S. 302, I. P. C. and to rigorous imprisonment for five years and seven years respectively for the offences under Sections 392 and 397 I. P. C.

2. Nishan Chand (deceased), son of appellant Mohan Lal (P. W. 5), was a resident of Roranwali. He was Secretary of Roranwali and Phulu Khera Co-operative Societies. The respondent was Nishan Chands friend and was Secretary of Roranwali Patti Sikhan Co-operative Society. He also used to live in village Roranwali with his maternal-uncle Gurdial Singh who was the village Chairman.

3. It is alleged that Nishan Chand and the respondent left together on June 17, 1974, for villages Lambi and Malout on Nishan Chands bicycle, as they had to deposit the money realised by the