Feeling aggrieved with the order of acquittal dated 27th August, 1997 passed by the Vth Additional District and Sessions Judge, Agra in sessions Trial No. 43 of 1975, State v. Chiraguddin and three others, under Sections 302, 302/109, 302/114, 120,201/109 IPC. PS Rakab Ganj, District Agra, the State of U. P. has preferred this appeal under Section 378 Cr. P. C.

2. Leave to appeal was granted by this by Court vide order dated 7th July, 1980.

3. The facts giving rise to this appeal can be narrated in brief as under:

Deceased Saiduddin Qureshi, aged about 52 years, was a practising advocate in the Collectorate, Agra. He used to live with his sons PW 1 Naseem and Shamim at Sadar Bhatti, Agra. He owned a jeep. He said good relations with Haji Muddan, Wahabuddin, Advocate, was the nephew of Haji Muddan, Chhotey Gaewala and very good relations with the deceased Saiduddin and used to treat him as his brother-in- law. Mushtaq was the son of Haji Muddan. Badruddin was a very respected person and had good relations with the deceased.

The accused Chiraguddin and Jamil were real brothers. Mohd. Iliyas, accused was a close friend of accused Chiraguddin and accused Intezar Hussain