JUDGMENT

FAZAL ALI, J. :—This is an appeal by special leave against the judgment of the High Court acquitting respondents Nanhey and Bandu of the charges under Ss. 302/34 and 201 of the Indian Penal Code.

2. The prosecution case has been detailed in the judgment of the trial Court and the High Court and it is not necessary for us to repeat the same. The trial Court considered all aspects of the case and believed the evidence of P. Ws. 1, 2 and 4 as also other circumstances proved in the case. It found accused Nanhey and accused Bandu guilty of offences punishable under S. 302/34 and Section 201 of the I. P. C. and sentenced accused Nanhey to death for the offence punishable under S. 302/34 and accused Bandu for imprisonment for life for the same offence. Both of them were sentenced to three years rigorous imprisonment for the offence punishable under Section 201 of the I. P. C. The High Court was unable to find any vital discrepancy and infirmity in the evidence of P. Ws. 1, 2 and 4 and therefore frankly acknowledged that all these witnesses had no reason to implicate falsely the accused. In this connection the High Court observed as follows :

"It is true that prima facie there is no