Raghubar Dayal, J.

[1] This is a Government appeal against the acquittal of Munnoo, Budhoo, Arjun and Bam Narain of the offence under Section 302, I.P.C., and of Ram Autar Chaudhari Kanurnan Prasad, Gopi Lal Sharma and Madan Lal Singhania of the offence under Section 302, read with Section 109, I. P. C. Arjun, opposite party No. 7, has not been served of the notice of this appeal and his case is, therefore, not before us at the moment.

[2] One Radha Krishna, elder brother of Ram Autar Chaudhari respondent, was murdered at about 11-30 p. m. on the 30-7-1343 on the Mall in front of the District Intelligence Staff office, Kanpur, when he, accompanied by his wife and two infants and driver Sen Gupta, was returning from the dinner at the house of Nandan Prasad Saxeria. Ha and his wife received injuries when attacked by three or four persons with knives and hockey stick.

[3] The prosecution case is that the assailants had followed the jeep car in which Radha Krishna and his party were returning from near the house of Sexeria and could reach the victims because the jeep car stopped suddenly. It is alleged that the stoppage of the car was not accidental but was due to the tampering w