Judgment

BAHARUL ISLAM, J.:- This appeal by special leave by the State of Haryana is directed against the judgment and order of the Punjab and Haryana High Court setting aside the conviction and sentence passed by the Sessions Judge, Karnal. Respondents Balkar Singh and Dalel Singh are the sons of respondent Sher Singh. The Sessions Judge convicted all the three under S. 302/34 of the Penal Code, and sentenced Sher Singh to death and the other two to imprisonment for life. On a reference by the Sessions Judge for the confirmation of the sentence of death inflicted on Sher Singh and appeal filed by the respondents, the High Court set aside the order of conviction and sentence and acquitted the respondents.

2. The material facts may be stated thus: On 17th of Oct, 1973 at about 12 A. M. Mst. Narman, widow of Danna (deceased) submitted the first information report to A. S. I. Ram Sarup (P. W. 12) at village Pai. Her material allegations in the first information report were that the previous day, respondent Sher Singh and two younger half brothers, namely, Danna, her husband, and Hukmi, had effected a family partition amongst themselves and they started living separately. That day, namel