JUDGMENT

Ashok Bhushan, J.

The State is in appeal against the judgment of the High Court of Judicature at Allahabad dated 11.10.2002 in Capital Sentence Reference No. 1 of 2001 and three criminal appeals filed by the accused.

2. The High Court rejected the Capital Sentence Reference made by Additional Sessions Judge and allowed the criminal appeals filed by the accused acquitting them from the charges. The Fifth Additional Sessions Judge vide its judgment dated 18.01.2001 had convicted the accused Ram Prasad, Ram Kumar, Ramakant, Kalloo and Daya Shankar and by order dated 19.01.2001 had awarded death sentence with other sentences.

3. The prosecution story, in brief, is that when at 7.30 P.M. on 09.10.1995 PW. 1 Mohan Lal was sitting outside his house and his wife, now deceased lying on a cot near him, the accused persons armed with deadly weapons reached there and on exhortation of accused Ram Prasad to kill Mohan Lal accused Daya Shankar, Ramakant and Ram Kumar started firing due to which PW.1 Mohan Lal had to run for safety but sustained firearm injuries including the wife who was present with him. The accused persons followed PW. 1 Mohan Lal inside the house and on not finding him t