JUDGMENT

PINAKI CHANDRA GHOSE, J.

1. This appeal is directed against the judgment and order dated 17th February, 2012 passed by the High Court of Judicature at Allahabad in Criminal Appeal No.1734 of 1983, whereby the High Court acquitted the accused persons – respondents herein of the charges under Section 302 read with Section 149 of the Indian Penal Code.

2. The case of the prosecution is that on 26.06.1982 at about 8.00 A.M., the deceased Mohan Singh, who was a resident of Village Garh Umrao, Tehsil Sadabad, District Mathura, U.P., after taking bath at the tube-well, was going to his house along with his minor daughter Lajjawati (PW-5). He was carrying his single barrel gun and the strip of cartridges with him. The respondents Phal Singh and Mahabir Singh, along with other accused Om Prakash and Gopi Chand, were clearing the irrigation channel of their field; whereas respondents Raj Pal and Satya Pal were scrapping grass in their respective fields. Jaipal Singh and Om Prakash were engaged in plucking the Moong Pods from the field. When deceased Mohan Singh reached the ridge of the field of Om Prakash and Gopi Chand, Phal Singh and Jaipal Singh caught him by his hands whereas respo