ORDER :

R. Banumathi, J.

Leave granted.

2. These appeals preferred by the State of U.P. challenges the judgment of the High Court of Allahabad in Criminal Appeal Nos.745 of 2009, 841 of 2009 and 891 of 2009 acquitting the respondents under Section 302 IPC by setting aside their conviction and the sentence of life imprisonment imposed upon them.

3. Case of the prosecution is that on 30.07.2003, informant Bharat Singh along with his son Lallu Singh, Shivpati wife of Lallu Singh, Dheerendra Singh (PW-1), Monu (PW-2) and Meenu were returning home after working in their fields at 09.00 P.M. At about 09.00 P.M., when they reached near huts constructed near the field of Hanuman alias Mana, then in ambush Prem Bhujva, Raghuvir, Mehngu and Prem Yadav, extended exhortation and fired at Lallu Singh with country-made pistol and guns. Lallu Singh died on the spot and all the accused persons ran away towards the village.

4. The incident is stated to be the result of an enmity culminating into hatching of conspiracy by the accused due to a Marpit taken place three days prior to the incident between Sriram Gupta and Shiv Charan on one side and the deceased on the other wherein they had threatened the d