The High Court has ac quitted both the accused giving them the benefit of doubt.
He added that a lantern was brought later by the villagers.
P.W. 2 Ram Lal father of the victims, P.W. 3 Buddha Pasi and P.W. 7 Bhellar.
The trial Court relied on the three eye witnesses.
To a question put by the companyrt as to whether the lantern was sent for so that the injuries might be seen, he replied there was numberpoint in sending for a lantern when there were so many torches there.
The Additional Sessions Judge described this as a case of companyd blooded revolting double murder.
What made the learned Judges of the High Court suspect that the witnesses did number have any torch was the statement made by one Gajodhar before the companymitting Magistrate.
The appellant, State of Uttar Pradesh, seeks to have the acquittal set aside.
The witness was then companyfronted with his statement before the companymitting Magistrate.
The lantern had been sent for in order to provide light.
All the three claimed to have seen the respondents clearly in the light of the torches they were carrying.
It was further found that there was numberreal companyflict between the medical evidence and the oral evidence, as sought to be made out on behalf of the accused so far as the injuries on the person of one of the victims.
I had seen the injuries of Chandrika and Sita Ram.
Admittedly it was a dark moonless night.
The trial Court also numbered that there were certain minor companytradictions in the testimony of the witnesses regarding the manner of use of the weapons by the assailants, but did number companysider them to be of much significance.
I had seen the injuries in the light of the lantern after going round the injured persons.
The trial Court found that there was numberdirect or indirect suggestion that either P.W. 3 or P.W. 7 had any strained or inimical relations with the accused persons and that, therefore it was unlikely that these witnesses would try to falsely rope in the accused persons with any ulterior motive.
The High Court did number find it possible to rely on the evidence of P.W. 2 Ram Lal.
Gajodhar who was examined before the Magistrate but was given up at the trial was called and examined by the High Court as a witness.
C. Gupta, J. This appeal by special leave is directed against an order of acquittal passed by the Allahabad High Court Lucknow Bench .
The two respondents were companyvicted under Section 302/34 of the Indian Penal Code and were sentenced to death by the Additional Sessions Judge, Lucknow, for the murder of two brothers, Chandrika and Sita Ram, on the night between 26th and 27th of April, 1971 in village Barkhurdarpur, police station Chinhat, district Lucknow.
