JUDGMENT

KULDIP SINGH, J.:- Swaran Singh and his brothers Avtar Singh, Ajmer Singh and Rajinder Singh were tried for the murder of Kandhara Singh and Darbara Singh. They were also tried for causing injuries to Tarlok Singh, Sadha Singh, Anokh Singh, Sukhdev Singh and Boor Singh. Swaran Singh and Ajmer Singh were further tried under Arms Act. The trial Court convicted Swaran Singh under S. 302, IPC and sentenced him to imprisonment for life on two counts. Other accused were sentenced with the aid of Section 34, IPC to imprisonment for life. They were also awarded sentence of fine. Ajmer Singh, Avtar Singh and Rajinder Singh were further convicted under Ss. 307 and 325 IPC, 326, IPC and 323, IPC respectively. All the four accused were inter se convicted under these Sections with the aid of S. 34, IPC. The High Court, on appeal, set aside the conviction and sentence of all the accused and acquitted them. This appeal by way of special leave is by the complainant against the judgment of the High Court.

2. We may briefly notice the prosecution story as recorded in the first information report lodged by Baghel Singh P.W. 8. A drain was to be dug-up through the village. It was to pass throu