(1) LEAVE granted.

(2) WE have heard learned counsel for the parties.

(3) THIS appeal filed by the first informant is directed against the order of the Allahabad High Court granting bail to the respondents on consideration of the petition filed by them under section 389, Criminal Procedure Code in criminal appeal no 854/2001 The respondents were convicted under section 302/34 Indian Penal Code, 1860 for committing the murder of Ram Charan Singh, who is father of the appellant, on 15th June, 1992 between 10. 00 a.m to 11. 00 a.m

(4) THE prosecution case shortly stated was that the incident took place when the deceased accompanied by his two sons, the appellant, Vijay Kumar and Ajay Kumar went to inspect the agricultural operations on his land in village Suaheri There the respondents and the accused Amit Mohan, who is absconding, killed Ram Charan Singh by firing from the pistols carried by them The appellant lodged the first information report On receipt of the same, the police swung into action, conducted investigation and submitted the charge-sheet in the case

(5) ON conclusion of the trial, the learned trial judge, on appreciation of the evi