Judgment

THAKKAR, J. : - Reluctant as this Court ordinarily is to disturb an acquittal recorded by the High Court, it becomes its duty to do so, inter alia, when incriminating evidence of a satisfactory character is ignored or overlooked, resulting in an unwarranted acquittal, in order to redeem the course of justice. The present is one of such cases.

2. One Gurbachan Singh was shot dead at about sun-set time on April 23, 1973 at village Tajoke. Five respondents were charged with having caused his death by gun-fire. They were tried by the learned Additional Sessions Judge, Barnala, who found them guilty for various offences. For the offences under S. 302, IPC and S. 302 read with 149, all of them were sentenced to imprisonment for life. For the offence under S. 148, IPC, a sentence of two years R.I. was imposed against each of them. For the offence under S. 27 of the Arms Act, each of them was sentenced to suffer R.I. for one year. The High Court allowed the appeal preferred by the respondents and set aside the order of conviction and sentence. The State of Punjab has preferred this appeal by special leave and has, contended that the learned Sessions Judge was right in finding the re