Judgment

CHANDRACHUD, CJI. :- Eleven persons were tried by the learned Sessions Judge, Fatehpur, principally for offences under Sections 302 and 396 of the Penal Code. One of them, Manohar, was acquitted while the remaining 10 were sentenced to death. By a judgment, which leaves much to be desired, the High Court of Allahabad. set aside the order of conviction and sentence and acquitted all the accused. These appeals are by the State of U. P. against the order of acquittal recorded by the High Court.

2. In support of the charges levelled against the accused, the prosecution relied upon the evidence of five witnesses who claim to have identified them. These witnesses are: Sundi (P. W. 1), Shea Nandan (P. W. 12), Ram Bali (P. W. 18), Mani Prashad (P. W. 19) and Sham Behari (P. W. 27). In addition to the evidence of these eye witnesses, the prosecution relied upon certain recoveries made from or at the instance of the accused and the evidence of the Ballistic Expert, Shariq Alvi (P. W. 32).

3. The occurrence took place at about midnight between the 28th and 29th Oct., 1970 in a village called Chak Quazipur. Four persons, Ayodhya, his two sons Amar Singh and Kanchan, and a neighbour Thaku