JUDGMENT :

GAUTAM CHOWDHARY, J.

1. By way of this appeal the appellant has challenged the judgment and order dated 21.12.2010, passed by Additional Sessions Judge, Fast Track Court No. 1, Baghpat, in Sessions Trial No. 488 of 2006 (State vs. Virpal and Others) and Sessions Trial No. 489 of 2006 (State vs. Tejpal), whereby the accused-Tejpal was convicted and sentenced for commission of offence under Section 452 I.P.C. for three years rigorous imprisonment with fine of Rs. 5000/- and for commission of offence u/s 302 I.P.C. for life imprisonment with fine of Rs. 50,000/-.

2. The learned Judge acquitted all the other co-accused and convicted the present accused for commission of offence under Section 302 I.P.C. with fine of Rs. 50,000/-. The moot question which has been raised is could accused who were all facing charges under Section 302 I.P.C. could be acquitted on the same set of evidence led before the learned trial court.

3. Brief facts of this case are that an F.I.R. was lodged by the informant Jai Bhagwan against the accused/appellant alleging therein that on 18.9.2004 at abou