( 1 ) THIS is a State Appeal against the judgment and order dated 11-11-1978 passed by Sri O. P. Srivastava, the then Sessions Judge Faizabad acquitting the respondents Sarju Prasad and Ram Sahai for offences under Sections 302 IPC and 302/109 IPC respectively.

( 2 ) THE family members of the deceased Km. Guddi, aged about three years and the accused lived in village Ganga - Vishnupur, which is a hamlet of Bhawanipur. The hamlet comprises nine houses only. Out of these nine houses six belong to the family of the accused, one to the family of the deceased, one to Ram Achaivara and the remaining house to Ramvaran. There was enmity between family members of the accused and the deceased in connection with the allotment of some land and a well, to the accused in consolidation proceedings. In addition it is alleged that there was some altercation in regard to putting up of a Chappar.

( 3 ) ACCORDING to the prosecution on 24-8-77 at about 10 a. m. the accused Sarju Prasad strangulated Km. Guddi and the co-accused Ram Sahai, who is the father of Sarju Prasad, was standing nearby and was exhorting Sarju Prasad to kill the child, a few paces from the house of the deceased. T