Judgment

B.N. Agrawal, J.—Respondent No. 1 – S. Mohan Singh was convicted by the trial court under Section 302 read with Section 34 of the Indian Penal Code (hereinafter referred to as ‘IPC’) and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default to undergo further imprisonment for a period of six months. Respondent No. 2 — S. Prithpal Singh was convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default to undergo further imprisonment for a period of six months. On appeal being preferred, the High Court acquitted both the respondents. Hence, this appeal by special leave has been filed by the State of Jammu & Kashmir.

2. Prosecution case, in short, was that a dispute was going on between Yush Paul Singh son of Ram Lal and one Titu, nephew of Balwant Singh, on the one hand and the two respondents on the other hand and for resolving the same, a meeting was convened on 23rd July, 1985 at 6.00 p.m. on the bank of river near Gurdwara in village Sawan Chak. In the said meeting, no decision could be arrived at, as such, respondent No. 1 — S. Mohan Singh is said to have left the meeting in th