JUDGMENT

THAKKAR, J.:— Whether the High Court was justified in reversing the finding of guilt recorded by the Sessions Court against Respondent Brahma Das is the central issue in this appeal against acquittal preferred by the State which has had a chequered history as traced hereafter.

2. Respondent Brahma Das and four others were found guilty of an offence under S. 302 I.P.C. read with S. 149 I.P.C. for having committed the murder of one Ranjit Ram Pande at about 5.00 p.m. on 13th June, 1974 at village Seona and were sentenced to death by the learned Sessions Judge of Allahabad. Judgment rendered on 17-6-1975 in ST No. A 499 of 1974. They were also convicted for other offences under Ss. 147, 148 and 325, I.P.C., and sentenced to various terms of imprisonment. The accused appealed. The High Court of Allahabad which heard the appeals along with the confirmation proceedings came to the conclusion that the case against the accused had not been established beyond reasonable doubt and reversed the order of conviction and sentence rendered by the Sessions Court. The State of U. P. thereupon approached this Court by way of three appeals by special leave (Criminal Appeals Nos. 45, 46 and 47