JUDGMENT

Uday Umesh Lalit, J.

1. These appeals by special leave challenge the judgment and order dated 15.05.2009 passed by the High Court of Judicature at Allahabad in Reference No.6/2008 and in Criminal (Capital) Appeal No.3588 of 2008 acquitting the respondents accused of the charges under Sections 302 read with 34 IPC.

2. According to the case of the prosecution:-

A) One Brahmadeen Dubey owned lands in District Mirzapur in State of Uttar Pradesh. Under two sale deeds, he sold two parcels of land admeasuring 10 bighas and 6 bighas to Rama Kant Dubey and Sushil Kant Dubey respectively. Two registered deeds in this behalf were executed on 02.02.1993. However, it came to the notice that there was already a sale deed executed on 09.09.1992 in respect of very same lands in Kolkata in favour of Basant Lal Dubey and others. This led to the filing of Civil Suit No.160 of 1993 by Brahmadeen seeking cancellation of sale deed dated 09.09.1992, submitting, inter alia, that the deed in question was a sham document which was obtained by setting up an imposter in place of the owner i.e. Brahmadeen Dubey.

B) On 16.11.1994, brother-in-law of Brahmadeen named Kedar Nath Dubey was murdered while so