Judgment

H.K. Sema, J.—Four accused, A-1 Ganga Ram, A-2 Raghubir, A-3 Lal Singh and A-4 Rajendra Singh were put to trial before the Trial Court for the murder of deceased-Tula Ram under Section 302/34 IPC. The Trial Court convicted all of them under Section 302 read with Section 34 IPC and sentenced them to rigorous imprisonment for life. On appeal, the High Court acquitted all of them. Hence, this appeal by special leave by the State of U.P.

2. During the pendency of the appeal, A-2- Raghubir and A3-Lal Singh expired. The appeal against them already stands abated. This appeal, therefore, is survived qua A.1-Ganga Ram and A.4-Rajendra Singh. It may be noted that A.1-Ganga Ram and A.2-Raghubir are real brothers and A.3- Lal Singh and A.4-Rejendra Singh are real brothers.

3. Facts may be noted briefly:-

P.W.3-Rajendra Singh filed a complaint case against the accused persons Rajendra Singh and Lal Singh in the Court of Special Judicial Magistrate, Bareilly, in which the deceased-Tula Ram was cited as one of the witnesses. On 27.7.1978, the deceased-Tula Ram had gone to depose in the said complaint case against the accused Rajendra Singh and Lal Singh. It is alleged that the accused person