Rakesh Tiwari, J.: -

Heard Ms. Usha Kiran, learned AGA for the appellant-State of U.P., Sri Ram Kher Singh, learned counsel for the respondents-accused and perused the record.

2. This government appeal is preferred challenging the validity and correctness of the impugned judgment and order dated 23.1.1984 passed by VI Addl. Sessions Judge, Azamgarh in S.T. No. 158 of 1980 (State Versus Gulab Yadav and others) by which respondents-accused Gulab Yadav son of Sriman, Tilakdhari son of Ganesh and Faujdar son of Bairagi, all residents of village Akbelpur Maraiya, P.S. Mehnagar, District Azamgarh were acquitted of the offences under Sections 307/34 IPC.

3. Briefly stated the facts of the prosecution case are that .prior to this incident in the year 1976 a dacoity was committed at the house of respondent-accused Tilakdhari in which Sriman father of respondent-accused Gulab was shot dead by the dacoits. In that case, Ramchet father of first informant Ashok Kumar Yadav, his uncle Shamsher and Kedar were named. They were convicted by the trial Court in the year 1978 but in appeal the High Court acquitted them in the year 1979. The acquittal enraged the respondents-accused in the present