JUDGMENT

Dr. Arijit Pasayat, J. —

1.Challenge in these appeals is to the judgment of a Division Bench of the Allahabad High Court, Lucknow Bench, directing acquittal of the respondents 2 to 5 who were found guilty of offences punishable under Section 302 read with Sections 149 and 148 of the Indian Penal Code, 1860 (in short the ‘IPC’). Appellant was the informant in the case. The aforesaid accused respondents were found guilty of offences punishable under Section 302 read with Section 149 IPC and 148 IPC and each of them was sentenced to be hanged separately till death. Since confirmation of the death sentence was required, reference was made in terms of Section 366 of the Code of Criminal Procedure, 1973 (in short the ‘Cr.P.C.’). The convicted accused preferred appeals. The present appellant filed a revision against the judgment and order of acquittal in respect of two persons namely Ram Kripal Verma and Ram Tilak Verma. The High Court allowed the appeal filed by the convicted appellants, while dismissing the revision petition filed by the informant and rejected the reference.

2.The prosecution version as unfolded during the trial is as follows:

An F.I.R. was lodged at 6.30 A.M. on