Judgment

B.P. Singh, J.—These appeals have been preferred by the State of Uttar Pradesh against the judgment and order of the High Court of Judicature at Allahabad in Criminal Appeal No. 1761 of 1980 dated 19.3.1999. By its impugned judgment and order, the High Court allowed the appeal preferred by the res­pondents and acquitted them of the charge under Section 302 read with Section 34 IPC. Earlier, the respondents were tried by the IV Addl. Sessions Judge, Fatehpur in Session Trial No. 172/80, who by judgment and order dated 12th August, 1980 convicted them of the ­offence under Section 302 read with Section 34 IPC and sentenced them to imprisonment for life.

2. The case of the prosecution is that on 26.2.1980, Rudrapal Pandey (deceased) requested his nephew Ram Bahadur (PW-1) to take his wife Smt. Shyampati to village Haswa from where they were to board a bus to Fatehpur. They proposed to go to Fatehpur to consult a doctor since the said Smt. Shyampati was suffering from headache etc. The case of the prosecution is that Ram Bahadur (PW-1) along with his aunt proceeded towards village Haswa. Later, the deceased Rudrapal Pandey followed them. According to the prosecution, while proce