JUDGMENT

VARADARAJAN, J.:— This appeal by special leave is by the State of Uttar Pradesh against the acquittal of the respondents-accused, Suresh alias Chhavan s/o Kalyan Singh (hereinafter referred to as Suresh) and Ram Kishan and Bhajorey sons of Madho Singh, all residents of Miholi village situate within the limits of Auraiya Police Station in Etawah district. Suresh is said to be the first cousin of Ram Kishan and Bhajorey, who are brothers. The learned Sessions Judge, Etawah, who tried these three accused in Sessions Trial No. 140A of 1974, convicted all of them u/s. 302 r/w S. 34, I. P. C. for the murder of Virendra Singh, the husband of Kanti Devi, PW 1 and sentenced Suresh to death and Ram Kishan and Bhajorey to imprisonment for life. The usual reference for confirmation of the sentence of death by the High Court was made by the learned Sessions Judge. All the three accused filed Criminal Appeal No. 2508 of 1974 against their conviction by the Sessions Judge and the sentences awarded to them.

2. The case of the prosecution was this : There was enmity between the throe accused, Suresh Ram Kishan and Bhajorey on the one hand and the deceased victim Virendra Singh on the other.