Judgment

FAZAL ALI, J.:- These appeals by Special Leave are directed against the judgment of the Allahabad High Court by which the respondents in both the appeals were acquitted of the charges under S. 302/149 of which they were convicted by the Sessions Judge. We have heard the counsel for the parties and have gone through the judgment of the High Court which is extremely short and cryptic and contains no discussion of the evidence on its intrinsic merits.

2. The High Court seems to have resorted to the easy course of throwing out the entire prosecution case merely on the question of identification. The High Court held that the occurrence must have taken place while it was dark and as there was no sufficient light to enable the eye-witnesses to identify the assailants of the deceased, the identity of the respondents was not established. In coming to this finding the High Court completely over looked the fact that all the accused were known persons belonging to the same village and bore animus against the deceased. The High Court further failed to consider that two of the eye-witnesses were injured and had the opportunity of seeing the accused persons from a very close distance and e