Judgment

VENKATACHALIAH, J. :- This appeal, by special leave, is by the State of Uttar Pradesh preferred against the judgment dated 30-9-1983 of the High Court of Judicature at Allahabad setting aside the conviction and sentence passed against the two Respondent-accused in Sessions Trial No. 256 of 1981 on the file of the Sessions Judge, Bareilly, for offences under Section 302 read with Section 34, IPC. The learned Sessions Judge had handed down a sentence of imprisonment for life, but the High Court, in reversal of that conviction and sentence, acquitted the respondents.

2. The case of the prosecution may briefly be stated.

At 2.00 p. m. on 31-1-1981 in the town of Mirganj in the District Bareilly, in front of the house of a certain Lalan, the two respondents - Krishna Gopal and Vijai - who are related to each other as uncle and nephew, set-upon and attacked Harish, s/o. Mihilal, with knives causing serious injuries to which Harish succumbed at 6.40 p.m. the same day at the District Hospital, Bareilly, to which he was removed after the incident. The incident was witnessed by Omkar (P.W. 1), Khiali Ram (P.W. 2) who saw the attack from a close distance of about 20 paces and on account