JUDGMENT

AHMADI, J.:— The three respondents were convicted by the learned Additional Sessions Judge, Kanpur under Ss. 148 I.P.C. and 302/149 I.P.C. for the murders of Ram Shanker and his friend Satya Narain Singh. They were sentenced to suffer rigorous imprisonment for two years under S. 148 I.P.C. and imprisonment for life for the offence under Ss. 302/149 I.P.C. Both sentences were ordered to run concurrently. The High Court of Allahabad allowed their appeal and set aside the order of conviction and sentence passed by the Trial Court. They were acquitted of all the charges levelled against them and their bail bonds were discharged. The State of U.P. feeling aggrieved by the order of acquittal has approached this Court by way of special leave. The facts relevant to be stated are as under : -

The incident in question occurred on 29th December, 1972 at about 7.30 p.m. near block No. 10 in Govind Nagar locality of the city of Kanpur. In the said incident Ram Shanker and his friend Satya Narain received fatal injuries. Ram Shanker died on the spot about 65 steps away from the place of occurrence whereas his companion Satya Narain expired in the hospital on 8th January, 1973. It may her