Judgment

This appeal by special leave is directed against the judgment and order of the High Court of Judicature at Allahabad dated 4th April, 1996 in Criminal Appeal No. 381 of 1991. The High Court, by its impugned judgment and order, allowed the appeal of the appellants herein and acquitted them of the charge under Section 302/34 of the Indian Penal Code for which they were convicted and sentenced to life imprisonment by the Ist Additional Sessions Judge, Mainpuri in Sessions Trial No. 41 of 1980 by his judgment and order of 6th February, 1981.

2. We have heard counsel for the parties.

3. The occurrence is said to have taken place on 5.10.1979 at about 4.00 p.m. in ­village Vikrampur, P.S. Kishni. The case of the prosecution is that PW 1 Hori Lal, the deceased Netra Pal Singh, and his wife Renuka Devi, PW2 were working in the fields. The deceased sent his brother PW1 to bring a basket. His wife felt thirsty and they were going to drink water nearby when all the three accused arrived there armed with rifle, gun and country made pistol. All of them fired from behind as a result of which Netra Pal fell down and died on the spot. PW2, Renuka Devi raised an alarm. PW1 who was returning f