( 1 ) THIS is an appeal by the State against an order of acquittal of the respondents who are father and son. Bishwanath was charged under Section 304. I. P. C. , and Badri, his father, under section 304/34 I. P. C.

( 2 ) THE facts found by the learned Sessions Judge and which are not now disputed before as are these :--

( 3 ) BADRI respondent was employed as a mistri in the loco department at Gorakhpur and he occupied one of the quarters provided by the railway. The deceased Gopal was the son in law of badri Gopals sister was married to Banarsi who was also employed as a mistri in the loco department and who lived in a neighbouring quarter provided by the railway. After his marriage with the daughter of Badri, Gopal came to live about three years before this orcurrence with his father-in-law. They did not however pull on well together, with the result that Gopal shifted to the place of Banarsi after some time. Badri later on, persuaded Gopal to return to his house after a month; but the relations did not become smooth and the situation did not improve. Some fifteen days before the date of the occurrence Gopal again wont back to the place of Banarsi. This time Banarasi vacat