( 1 ) FOUR accused persons, namely, Hari Pal Singh, Raghubar Singh, Daya Ram and Natthu Lal were tried in Sessions Trial No. 153 of 1986 by Special Judge/additional Sessions Judge, Pilibhit for the offences punishable under Section 302, I. P. C. read with Sections 34, I. P. C. and 307, I. P. C. read with Section 34, I. P. C. He acquitted all of them by judgment and order dated 24-5-1989. Aggrieved thereby the State preferred this appeal which was earlier dismissed by this Court on 22-5-1992. The State then filed Special Leave Petition before the Supreme Court. Special Leave Petition was dismissed by the Supreme Court against the accused-opposite parties Daya Ram and Natthu Lal by order dated 11-10-1993. However, as against the remaining two accused-opposite parties Hari Pal Singh and Raghubar Singh the order of this Court dated 22-5-1992 dismissing the appeal filed by the State against acquittal was set aside by the Apex Court in Criminal Appeal 62 of 1996 by order dated 15-1-1996 and the matter was sent back to this Court with the direction to restore the appeal, rehear and dispose of the same. It is in the above background that the appeal of the State against the a