( 1 ) THIS is an appeal on behalf of the State against an order of acquittal of the respondents who are five in number. Fateh Bahadur respondent No. 1 is a boy aged twelve years. He is an orphan and he lives with his uncle Rashik Behari Lal respondent No. 4, Sooraj Prakash respondent No. 3 belongs to the same caste as these two respondents and he is an amateur Homoepathic practitioner in village Manauna where the respondents reside. Respondent No. 2 is Umrai Gir and respondent no. 5 is Smt. Ram Murti the wife of Umrai Gir.

( 2 ) FATEH Bahadur was charged for offences punishable under Sections 302 and 328, I. P. C. , in that on the 16th of April, 1953, at about 11 a. m. he committed the murder of Sudarshan Puri by administering a poisonous pera to him knowing that it contained arsenic poison as a result of which Sudarshan Puri died on the same date by about 7 in the evening. The other four respondents were charged for the abetment of the offences under Sections 302 and 328, I. P. C. These four were further charged for conspiracy under Section 120-B of the Code read with section 302 of the Indian Penal Code.

( 3 ) THE facts on which the case for the prosecution had been found