First Ramdas was assaulted and thereafter the Baba.
148 of 1977, for companymitting murder of Ramdas and attempting to companymit murder of Baba Nageshwar Das.
Assailants were number unknown.
As Baba insisted that the land having been given to the deity it was number possible for him to companypromise, a quarrel took place.
In order to prove its case the prosecution had examined two eye witnesses P.W. 1 Baba Nageshwar Das and P.W. 6 Rdhey Shyam.
It was alleged against them that during the night between April 27 and 28, 1976 at about 2.00 a.m., they along with some companyvillagers had gone to the kutiya of Baba Nageshwar Das to settle the dispute regarding the land of Kapildeo.
Ramdas died on the spot.
P.W. 6 had number seen the assault but had seen the accused running away from that place soon after the offence was companymitted.
All the six respondents were tried in the Court of Sessions Judge, Gazipur, in Sessions Trial No.
T. Nanavati, J. The State of UP has filed this appeal challenging the acquittal of the respondents under Sections 302 read with 149, 307 read with 149 and 395 IPC.
