Judgment

JUDGMENT :- These two appeals are filed by the State against acquittal. There are two respondents. Rameshwar (A-1) and Inderaj (A-2). They were tried for offence punishable under Section 302 read with Section 34, I.P.C. by the trial Court The trial Court convicted and sentenced each of them to undergo imprisonment for life. On appeal the High Court acquitted them. Hence the present appeals.

2. The two accused, deceased (Sukmander Singh) and the principal witnesses PWs 3 and 4 belong to village Lakhuwana within the limits of Dabwali Police Station. There was an enmity between the accused and his associates on one hand and the deceased and his relations on the other. It may not be necessary for the purpose of this case to give the details of the earlier incidents. Suffice it to say that there was a bitter enmity. On 26-1-1982 at about 12noon the deceased was going to the house of Pandit Gurbachan, another resident of the village, for taking the jack for his tractor When the deceased was passing through the Gali in front of the house of one Lal Chand Mistri both the accused came from the opposite direction. Rameshwar was armed with a kulhari and Inderaj was not armed. They stop