Judgment

CHANDRACHUD, J. :- On the morning of June 7, 1970 in the Subzi Mandi at Badaun, U.P., a person called Sahib Datta Mal alias Munimji was shot dead, Ganga, Ram and his three sons, Ram Swarup, Somi and Subhash were prosecuted in connection with that incident. Ram Swarup was convicted by the learned Sessions Judge. Badaun, under Section 302, Penal Code, and was sentenced to death. Ganga Ram was convicted under Section 302 read with Section 34 and was sentenced to imprisonment for life. They were also convicted under the Arms Act and sentenced to concurrent terms of imprisonment. Somi and Subhash were acquitted of all the charges as also was Ganga Ram of a charge under Section 307 of the Penal Code is regard to an alleged knife-attack to one Nanak Chand.

2. The High Court of Allahabad has acquitted Ganga Ram and Ram Swarup in an appeal filed by them and has dismissed the appeal filed by the State Government challenging the acquittal of Somi and Subhash. In this appeal by special leave we are concerned only with the correctness of the judgment of acquittal in favour of Ganga Ram and Ram Swarup.

3. Except for a solitary year. Ganga Ram held from the Municipal Board of Badaun the co