JUDGMENT

 This is an appeal under Section 2-A of the SC (Enlargement of Criminal Appellate Jurisdiction) Act, 1970. Mangoo, original accused No.1 and Hanumant Singh, original accused No.3 are the appellants. They along with 2 others - Baldeo Singh (A-2) and Sardar Singh alias Daulatawala (A-4) were tried for offence under Sections 302 and 302 read with Section 34, IPC. The case mainly rested on the evidence of Dev Dutta (PW.2), a boy aged about 16 years and son of the deceased Pooranlal. The trial Court acquitted all the four accused holding that the evidence of the sole witness namely PW.2 was not wholly reliable. The learned trial Judge discarded his evidence on the ground that the medical evidence is in conflict and that there is possibility of the witness having been tutored and that there are certain discrepancies in material particulars in his evidence.

2. The State preferred an appeal and the High Court having examined PW.2s evidence in the light of surrounding circumstances carefully considered all the reasons given by the trial Court and held that the reasoning given by the trial Court is wholly unsound and allowed the appeal convicting all the four accused. It is stated th