Judgment

JAGANNATHA SHETTY, J. : - The State of U.P. and the informant have preferred these appeals with special leave, challenging the order of acquittal recorded by the Allahabad High Court in Criminal Appeal No. 2340 of 1978*. Anil Singh, the common respondent in the appeals was tried for the murder of Keshav Kumar (KK) by the Court of Session (Non-Metropolitan Area), Kanpur. He was convicted and sentenced to imprisonment for life. But on appeal, he was acquitted by the High Court.

* Reported in 1980 All Cri R 232.

2. The prosecution story of the occurrence may be stated at some length :

The respondent accused and KK were almost of equal age. They were friends as well as classmates. They were also co-accused in some minor criminal cases. The accused was of violent temperament. He used to indulge in criminal activities. His father sent him to his maternal grandfathers hosue at Faizabad for being better taken care of. But he used to visit often his native place i.e. Pukhrayan, where KK was residing. The accused was in the habit of demanding money from KK. At the time of Diwali festival of the year 1977, the accused asked KK to pay Rs. 2,500/-. He wanted to purchase a revolver. It is a