JUDGMENT

P. Sathasivam, J.

1. Challenging the order of the High Court of Judicature at Allahabad dated 19.9.2002 in Criminal Appeal No. 812 of 1980 acquitting Kishanpal Singh, Suresh Singh, Mahendra Singh @ Neksey Singh, Jaivir Singh, Sheodan Singh and Bahar Singh (Accused Nos. 2,4,7,8,9 & 10), the State of Uttar Pradesh has filed this appeal.

2. The case of the prosecution is as follows:

On 21.6.1978 at 3.30 p.m., the sixteen accused persons gathered at the door of Gyan Singh and made a criminal conspiracy for killing Kaptan Singh and Raj Mahesh as they were harassing them unnecessarily. At about 4.00 P.M., Onkar Singh, Kishanpal Singh, Vijaipal Singh, Suresh Singh, Naresh Singh, Daulat Singh, Mahendra Singh @ Neksey Singh, Jaivir Singh, Sheodan Singh and Bahar Singh (Accused Nos. 1to10) reached at the place of occurrence with firearms. Onkar Singh (Accused No.1), Naresh Singh (Accused No.5), Daulat Singh (Accused No.6) and Sheodan Singh (Accused No.9) had guns while others had country-made pistols. When they reached the place of occurrence, Suraj Pal Singh, Kaptan Singh and Raj Mahesh were preparing fodder in the cattle troughs for their cattle in front of their chaupal. Suraj Pal