ARIJIT PASAYAT, J.

( 1 ) QUESTIONING correctness of the judgment of a Division Bench of the Allahabad High court directing acquittal of the respondent, this appeal has been filed by the State of Uttar pradesh. Learned IV Additional Sessions judge, Lakhimpur, Kheri, had convicted the respondent for offence punishable under section 302 of the Indian Penal Code, 1860 (in short 'ipc') and sentenced him for life imprisonment in Sessions Trial No. 469/92.

( 2 ) THE prosecution version in a nutshell is as follows: complainant Sita Saran (PW 3) filed a written report Ex. Ka-1 on 24. 5. 1991 at P. S. Kotwali, stating that he is a resident of Mohammadpur, p. S. Kotwali, and his sister is married to amritlal, Amkotwa (hereinafter referred to as the 'deceased') resident of village Amkotwa. Today on 24. 5. 1991 he was going with his brother-in-law (sister's husband) on a bicycle from village Saherua at Amkotwa after delivering milk to Amebarati Lal at village saherua. He was accompanied by Ram lakhan of Amkotwa and his nephew Rajesh. When they reached near Habib's field from village Saherua, two persons named Dinesh, the respondent and Vinod, belonging to village Amkotwa, and armed with country