JUDGMENT

NATARAJAN, J.:— While the II-Temp. Civil and Sessions Judge, Budaun convicted respondents 1 to 7 under Ss. 147/148, I.P. C., S. 302 read with S. 149, I.P.C. (2 counts) and S. 307 read with S. 149, I.P.C. and sentenced them to imprisonment for life for the conviction under S. 302 read with S. 149, I.P.C. and to lesser terms of imprisonment for the convictions under the other charges, the High Court allowed the appeals preferred by the respondents and set aside their conviction and acquitted them of all the charges framed against them. Hence, the State of U.P. has preferred this appeal against the acquittal of the respondents.

2. To prove its case, the prosecution examined seven witnesses among whom P.W. 1 Jagdish Singh, P.W. 2 Ram Din and P.W. 3 Bangali Singh were eye-witnesses. P.W. 5 Dr. M. C. Sharma conducted the autopsy on the dead bodies of the two deceased, viz. Nathu Singh and Jai Ram Singh. P.W. 4 Dr. V. K. Chaupra examined the injuries sustained by P.W. 1 and issued the wound certificate for him. P.W. 6 Head Constable Munshi Lal and P.W. 7 Karan Singh, Investigating Officer testified to the investigation done in the case. The prosecution evidence which found acceptance, with the Sessions Judge was briefly as under :

Deceased Jai Ram Singh and Al are cousins. A2 to A4 are the sons of Al and A5 to A7 are his nephews. Jai Ram Sinah was the father of deceased Nathu Singh and P.W. 1 Jagdish Singh. There was a case against Jairam Singh and his two sons for an offence under S. 307, I.P.C. In the trial of that case, Jai Ram Singh wanted Al to appear as a defence witness and give evidence in his favour but A1 declined to do so despite witness summons being served on him. The case ended in conviction and while deceased Nathu Singh was released on probation, Jai Ram Singh and P.W. 1 were awarded sentence. They had preferred appeals and obtained orders of bail from the Appellate Court. The failure of A1 to appear as a defence witness and testify had brought about estrangement between deceased Jai Ram Singh and his sons on the one hand and A1 and the members of his family on the other.

3. On the day of occurrence, viz. 19-11-72, the two deceased and P.W.1 went to the "pair" (grain storage yard) to pay off the money due by them to one Soni. After the money had been paid, the deceased and P.W. 1 happened to meet all the seven accused persons who had also come to the " pair". On seeing A1, Jai Ram Singh asked him as to why he had let him down by refusing to appear as a defence witness in the criminal case which had resulted in conviction for himself and his sons. This led to an exchange of words between Jai Ram Singh and his sons on the one hand and the accused on the other and the wordy quarrel eventually led to an attack on Jai Ram Singh and his two sons by the accused. A1 and A5 were armed with lathis, A2 to A4 and A6 were armed with kantas and A7 was armed with a tamancha. On the prosecution side, P.W. 1had a lathi and deceased Nathu Singh had a small two feet long "patti". On the instigation of A1, A2 to A6 attacked Jai Ram Singh and his sons, with kantas and lathi and caused injuries to them. In retaliation P.W. 1 is said to have wielded his lathi and caused injuries to A2. The occurrence was witnessed by P.Ws. 2 and 3 and one Krishan Pal Singh and on the intervention of these witnesses the accused stopped their attack on Jai Ram Singh and his sons. However before leaving the scene, A7 asked A2 to stretch his hand and on the latter doing so, he fired a shot from his tamancha and caused injuries to A2 on his right hand. A7 remarked thereafter that by reason of the gun shot injuries caused on A2s hand, evidence has been created in their favour and therefore they can overcome any charge levelled against them for having caused injuries to Jai Ram Singh and his sons. After A7 had made the triumphant announcement, the accused ran away from the scene.

4. Jai Ram Singh and Nathu Singh succumbed to the injuries sustained by them at