JUDGMENT

H.K. SEMA, J.- THE ACCUSED SHRI KRISHNA, LAKHAN LAL, RAM SHANKER AND KAILASH NATH WERE PUT TO TRIAL BEFORE THE IVTH ADDITIONAL DISTRICT AND SESSIONS JUDGE, KANPUR, FOR THE MURDER OF THE DECEASED RADHEY SHYAM. THE TRIAL COURT CONVICTED THE ACCUSED SHRI KRISHNA UNDER SECTION 302 IPC AND LAKHAN LAL, RAM SHANKER AND KAILASH NATH WERE CONVICTED UNDER SECTION 302 WITH THE AID OF SECTION 34 IPC AND WERE SENTENCED TO RIGOROUS IMPRISONMENT FOR LIFE. AGGRIEVED THEREBY TWO APPEALS WERE PREFERRED BEFORE THE HIGH COURT. CRIMINAL APPEAL NO. 1123 OF 1980 WAS PREFERRED BY LAKHAN LAL AND OTHERS. CRIMINAL APPEAL NO. 1126 OF 1980 WAS PREFERRED BY THE ACCUSED SHRI KRISHNA. BOTH THE APPEALS WERE HEARD TOGETHER BY THE HIGH COURT OF ALLAHABAD AND BY THE IMPUGNED JUDGMENT AND ORDER THE APPEALS A WERE ALLOWED AND THE ACCUSED WERE ACQUITTED OF ALL THE CHARGES AGAINST THEM; HENCE THESE APPEALS BY SPECIAL LEAVE. BRIEFLY STATED, THE FACTS ARE AS FOLLOWS:

THE COMPLAINANT PARTY AND THE ACCUSED ARE INTERRELATED. KALICHARAN HAD FIVE SONS (1) SATYA NARAIN, (2) RAM GOPAL @ MOORA, (3) CHHANU LAL (THE INFORMANT), (4) MUNNULAL, AND (5) SHRI KRISHNA (ACCUSED 4). THE DECEASED RADHEY SHYAM WAS THE SON OF CHHANU LAL