The present crimi nal appeal has been preferred by the Slate of U. P. against the order of acquittal of the accused-persons of the charges levelled against them by order dated 3 12-1979 passed by the Sessions Judge, Faizabad. Accused-respondent Ram Achal alias Jok han Singh was prosectued under Section 302, IPC and accused-respondent Gaya Prasad Singh was prosecuted under Sec tions 109, 302, IPC in connection with an incident which was alleged to be taken place on 6-5-1978 at about 12. 30 p. m in village Raipur, P. S. Cantt. . District Faiza bad.

2. Accused-respondent, Ram Achal alias Jokhan Singh is son of Gaya Prasad Singh. It is alleged that the accused-respondents live near the house of the complainant. It is said that on the date of the incident, some altercation took place between accused Gaya Prasad Singh on one hand and Surendra Pratap Singh on other hand regarding removal of dry fod der from near the house of the accused. It is said that Gaya Prasad Singh asked Surendra Pralap Singh (deceased) to re move the straw immediately but Surendra Pratap Singh (deceased) told him that as soon as labour is available it would be re moved. However, it is further alle