( 1 ) THIS is a Government appeal filed on behalf of the state of U. P. from judgment and order dated 22 nd of October, 1997 passed by III additional Sessions Judge, Jalaun at Orai in Sessions Trial No. 61 of 1992 State v. Bhoora and another acquitting both the accused of the charge levelled against them under Section 307 read with 34 ipc.

( 2 ) BRIEF facts giving rise to this appeal are that at 9:25 p. m. on 20th of june, 1991 Uma Shanker lodged an FIR at police station Kalpi situate at a distance of 3 kms. from village Deokali alleging that his cousin brother Durga prasad @ Dularey was married with Lalita sister of Ram Sewak Pradhan, village shekhpur Gurha and came to his matrimonial house yesterday after gauna ceremony. One Bhoora resident of village dadhen situate adjacent to village shekhpur Gurha across the river was inimical with Ram Sewak and had asked uma Shanker not to marry his cousin brother with Lalita but their marriage was settled and solemnized. At about 7:00 p. m. on 20th of June, 1991 Smt. Lalita was sitting on the roof of her matrimonial home that Bhoora went on the roof of the house of Ram Narain and fired at her with country made pistol hitting