Judgment

FAZAL ALI, J. :- This appeal by special leave is directed against a judgment dated September 23, 1976 of the Allahabad High Court acquitting the respondents of the charges framed against them after setting aside the judgment of the Sessions Judge who had convicted them under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to imprisonment for life.

2. The facts of the case have been detailed and fully narrated by the High Court and the Sessions Judge and it is not necessary for us to repeat the same all over again. Suffice it to say that the occurrence is alleged to have taken place on the 29th of May 1969 near the office of Cane Society in Mohalla Chohanan of Jwalapur town situated within the District of Saharanpur. The deceased (Rajinder Kumar) and the respondents were closely related and there appears to have been some sort of a chronic dispute between them which culminated in the said occurrence on May 29, 1969. In the morning of May 29, 1969 Rajinder Kumar scolded the respondent Hari Ram and his brother Atma Ram for having misbehaved with his father and thereafter a short altercation took place in the course of which Hari Ram and Atma Rain th