Judgment

FAZAL ALI J.:- This appeal by special leave is directed against a judgment dated November 4, 1974 of the Allahabad High Court by which respondents 1 to 4 were acquitted of the charges under Section 302/149 as also under S. 148 of the Indian Penal Code, of which they were convicted by the trial court of the Sessions Judge, Hardoi. The grotesque details of the various aspects of the prosecution case are to be found in the judgments of the trial court and the High Court and it is, therefore, not necessary for us to dwell or dilate on the comprehensive facts of the case and the circumstances which led to the conviction of the respondents by the Sessions Judge and their acquittal by the High Court.

2. In order however to appreciate the judgment of the High Court it may be necessary to give a bare and concise summary of the circumstances under which the occurrence had taken place. The occurrence as a result of which four persons died was undoubtedly a very unfortunate and ghastly one which arose out of a petty land dispute as a consequence of which the tempers of the parties ran so high that members of the prosecution party as also those constituting the party of the accused recei