( 1 ) THIS is an appeal by the State Government from an order of acquittal based upon a jury's verdict. The trial was held by an Additional Sessions Judge, 24-Parganas sitting with a jury who by a bare majority (5:4) found In favour of the respondents Ram Ajodhya Singh and Sitaram Singh who had been charged for the murder of a man named Chandraket Singh. The learned Judge accepted the verdict and acquitted the respondents. Hence this appeal.

( 2 ) AFTER the appeal was admitted, the usual notices were directed to be issued and the respondents were ordered to be rearrested and released on bail. Respondent Ram Ajodhya Singh was served and has appeared through counsel to appose the appeal; but respondent Sitaram Singh could not be served despite the issue of proclamation and attachment failing execution of a warrant of arrest against him. He continued to be unserved when this Court directed the appeal against respondent Ram Ajodhya Singh to be made ready and heard, even if the notice of appeal and other processes on the other respondent remained unserved and unexecuted. We have, accordingly, before us the appeal against respondent Ram Ajodhya Singh alone. Refe