( 1 ) THIS Government Appeal against the order of acquittal dated 31-7-80 passed by the III Addl. Sessions Judge, Fatehpur in S. T. No. 249 of 1979. The State proceeded with the sessions trial against the opposite parties Shiva Pratap, Indrapal, Kallu and Kandhai, accused respondents under S. 302/34 IPC. The Sessions Judge, Fatehpur was pleased to acquit the respondents of the charge.

( 2 ) WE have heard Sri Mahmood, learned A. G. A. and perused the record in detail.

( 3 ) THE F. I. R. of the case was lodged at 10. 35 a. m. on 24-9-79 at P. S. Jahanabad Distt. Fatehpur for the occurrence which took place the same day at about 8 a. m. in Village Faizabad situated at a distance of 4 miles south of the police station. The prosecution case depended on the evidence of eye witness Ram Autar and Brijlal, PW 1 and PW 5, respectively and the evidence of Dr. V. K. Tiwari (PW 2) who had conducted the post mortem examination. Besides the formal witnesses of PW 3 Ram Singh, Head Constable, PW 4 Ram Babu who carried the dead body for mortuary and I. O. Sri Jai Kishan Singh PW 6.

( 4 ) THE prosecution case, as disclosed in the F. I. R. was that on the date of occurrence, the dec