Judgment

JUDGMENT:- These two appeals are pursuant to the leave granted under Article 136 of the Constitution of India. The State as well as the complainants have filed these appeals. Mr. Jit Singh, the sole respondent was convicted for an offence punishable under Section 302 of the Indian Penal Code. The prosecution examined the two eye-witnesses. The Sessions Court relying on the evidence convicted the respondent under Section 302, I.P.C. but the High Court allowed the appeal and acquitted him.

2. As against the order of the High Court these appeals are filed. We have heard the respective counsel elaborately. The case rests mainly on the evidence of the two eyewitnesses P.W. 2 Gurmej Singh, son of the deceased and P.W. 3 who is a member of the Panchayat. Admittedly there was an enmity between the deceased family and the accused family. At about 10. 15 p.m. the deceased was present at his tubewell for keeping watch over the cattle during night. The witnesses submit that the accused and one stranger gave the lathi blows on the head of the deceased. The stranger could not be recognised as he was not of the same village. P.Ws. 2 and 3 raised a lalkara and thereupon both the culprits ra