ROY, J.

( 1 ) THIS is an appeal by the State against an order of acquittal of the two respondents, Hotey Khan and Zahoor, who were charged under Section 302 I. P. C. , for the murder of one Shahzor Khan in his Kotha in village Chitta within police circle Kotwali Buland-shahr on 21-4-1957 at about 2 p. m.

( 2 ) THE story on which the nrosccution was founded was briefly this. Hotey Khan and Zahoor along with one Yunis were wanted by the Pilkhwa police in connection with a case under section 396 I. P. C. A requisition was received from that police station by police station Kotwali bulandshabr for the arrest of these three persons who had for some time past been evading arrest. Shahzor Khan, the deceased, was acting as an informer, and with his help Mahabir Singh constable P. W. 6 assisted by another constable and a Chowkidar was able to arrest Yunis on 19-4-1957 when Yunis was engaged along with Karam Sher Khan P. W. 1 in working a Persian wheel over a well. On that date Hotey Khan and Zahoor, although wanted by Mahabir Singh constable, could not be arrested. It is, however, said that Shahjor gave a promise to Mahabir Singh constable that he would try his level best to get Hotey Khan