Judgement

OZA, J. :- This appeal has been preferred by the State after obtaining leave from this Court against the acquittal of the respondents recorded by the High Court of Allahabad by its judgment dated 13th April 1977 hearing an appeal against the conviction of the respondents recorded by First Additional Sessions Judge, Etah convicting all the respondents under S. 302 read with S. 149, Ss. 395 and 147 and sentenced to life, 10 years and 2 years rigorous imprisonment respectively to each one of the respondents.

2. The prosecution case at the trial was that on 27-10-1974 A.S.I., Om Prakash Sharma accompanied by two constables Gauri Shanker, P.W. 2 and Kanauji Lal, P.W. 4 went to village Nidhauli Khurd, which was at a distance of three miles from Kotwali Etah, and arrested one Laturi there at about 1 or 1.30 p.m. Virendra Nath, deceased, had helped them in arresting the said Laturi. The A.S.I. and the two constables returned to the Police Station Kotwali Etah with Laturi in custody at 6.50 p.m. A few minutes later these constables, Gauri Shanker and Kanauji Lal, were given summons for service on one Girish of Village Nidhauli Khurd. So constables Gauri Shanker and Kanauji Lal retur