Judgment

SEN, J. :- These appeals by special leave ,are preferred by the State Government against the judgment and order of the Allahabad High Court dated May 25, 1973 acquitting the respondents Sukhbasi, Ram Sanehi and Ram Shanker of offences punishable under S. 302 read with S. 34 and under Ss. 449, 460 and 394 of the Indian Penal Code, 1860, for the commission of which the Civil and Sessions Judge, Farrukhabad by his judgment dated September 21, 1972 had sentenced them to death, on the first count and rigorous imprisonment for a period of 7 years under the remaining three counts. The learned Sessions Judge had also convicted the respondent Chhotelal under S. 411 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for 3 years and the respondent Ashok Kumar under S. 120B of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 2 years. These respondents have also been acquitted by the High Court for the commission of offences with which they were charged.

2. We have with the assistance of learned counsel, appearing for the parties, gone through the judgment of the High Court as well as the evidence of the material prosecution witnesses. Thi