Heard Sri Rajiv Kumar Mishra, learned AGA for the appellant-State of U.P., Sri N.K. Mishra, learned counsel appearing for the respondent-accused Sripat and perused the record.

2. This government appeal has been preferred challenging the validity and correctness of the impugned judgment and order dated 29.3.82 passed by the Addl. Sessions Judge, Hamirpur in S.T. No. 280 of 1977 ( State Versus Sripat and others) whereby the learned trial Judge has acquitted the respondents-accused Sripat, Brij Lal and Gauri of the charge under Section 302/34 IPC.

3. The facts, in brief, as culled out from the record are that first informant Jageshwar son of Saruwa Yadav resident of village Supa P.S. Mahoba District Hamirpur submitted a written report at police station Mahoba on 5.8.77 at about 9.15 A.M., inter alia, that there was some dispute between respondent-accused Brij Lal Yadav and others and the first informant and his brother Babu Lal over some land in the village. There had been a litigation also regarding that land and Babu Lal had once beaten respondent-accused Sripat. Respondent-accused Sripat then lodged an FIR against Babu Lal and his brother who were prosecuted under