JUDGMENT

Surinder Singh Nijjar, J.

1. These two appeals have been filed by the State of U.P. challenging the common Judgment of the High Court of Judicature at Allahabad in the Judgment in Criminal Appeal 1795/99 and Criminal Appeal No.2018/99 and Reference No.8 of 1999. By the aforesaid judgment, the two appeals by the convicts Guru Charan, Sunil and Pramod and Brahma Pal have been allowed and they have been acquitted of all the charges. At the same time the reference made by the Sessions Judge for confirmation of death sentence awarded to Guru Charan, Sunil and Pramod has been rejected.

2. We may notice here the relevant facts, culled out from the judgments of the Trial Court and the High Court and the evidence on record. On 20.7.1997 Ramesh Narain, deceased along with his son-in-law Jitendra alias Guddu deceased and Vijay Kumar (PW1) were returning to village Yakoot Ganj, Police Station Sahawar, district Etaah in a private bus No.PB-12-0148. Ramesh Narain, deceased was having his licensed double barrel gun and bandolier of cartridges. Nathu (PW2) was also traveling in the same bus. Ramesh Narain was sitting in the third row in the front side of the bus. Vijay Kumar (PW1) was sit