JUDGMENT

K.JAYACHANDRA REDDY, J.

(1) THESE appeals are filed by the State of U.P. against the order of acquital passed by the High Court. The respondents-accused were convicted under Sections 302 and 307/34 Indian Penal Code and were sentenced to imprisonment for life and five years R.I. respectively by the trial court. The other co-accused were acquitted by the trial court. The two convicted accused filed two separate appeals in the High Court. The State also filed an appeal against the order of acquittal of the other accused. The High Court allowed the appeals filed by the accused and acquitted them and dismissed the appeal filed by the State. Hence the present appeals.

(2) THE prosecution case is that Goojars of Village Sakatpur belong to the party of the accused. Dundi, the deceased was son of Public Witness I the complainant. Dundi was beaten by the Goojars belonging to the party of the accused and there wast prosecution case which ended in acquittal. On 26.4.73 in the morning when Dundi and Balbir passed through the lane of Dhimars, a dog belonging to the accused barked at them. Balbir wielded his danda at the dog and that led to a wrangle between