S.S.SANDHAWALIA, J.

1. Whether a callous inordinate delay of a decade or more would render the verdict of a clean acquittal on a capital charge and the consequent double presumption of innocence virtually impregnable against any challenge by way of a State appeal directed against such acquittal is the spinal question herein.

2. In the larger vista of the issue of grievous and inordinate delays fouling the pure stream of criminal justice and even involving a violation of human rights, the facts of this particular case would pale into insignificance. Nevertheless, the law cannot be divorced from the terra firma of its factual foundation and, therefore, a somewhat brief notice of the background thereof is necessary. The prosecution case arose from a somewhat common-place occurrence which allegedly took place as far back as on 11-4-1969, in the sleepy village Chandi English, police station Bikramganj. The suggested motive for the crime is a trivial one being a petty altercation betwixt school boys. On the date of occurrence Hira Lal, son of the deceased Saligram, and, Shrinewas and Sheodayal, sons of the accused-respondent Baijnath Ahir and Ramlochan Ahir, respectively, had fal