JUDGMENT

A.M. Ahmadi, J.- The three respondents were convicted by the learned Additional Sessions Judge, Kanpur under sections 148, I.P.C. and 302/149, I.P.C. far the murders of Ram Shanker and his friend Satya Narain Singh. They were sentenced to suffer rigorous imprisonment far two years under section 148 I.P.C. and imprisonment far life far the offence under sections 302/149, I.P.C. Bath sentences were ordered to run concurrently. The High Court of Allahabad allowed their appeal and set aside the order of conviction and sentence passed by the Trial Court. They were acquitted of all the charges levelled against them and their bail bands were discharged. The State of U.P. feeling aggrieved by the order of acquittal has approached this Court by way of special leave. The facts relevant to be stated are as under:

The incident in question occurred an 29th December, 1972 at about 7.30 p.m. near black No. 10 in Gavind Nagar locality of the city of Kanpur. In the said incident Ram Shanker and his friend Satya Narain received fatal injuries. Ram Shanker died an the spat about 65 steps away from the place of occurrence whereas his companion Satva Narain expired in the hospital on 8th Jan.,