Penal Code, 1860–Secs. 302/34–Acquittal of one accused by the High Court–Justification–All the three eye-witnesses named the accused no. 2–Both the accused came to the place where the deceased was sleeping–Accused no. 2 exhorted his son i.e. accused no. 1 to kill the deceased and accused no. 1 killed the deceased by firearm–Both the Courts below found the testimony of prosecution witnesses reliable and trustworthy–There was no reason for High Court for doubting the presence of accused no. 2–Fact of the land dispute was also noted by the High Court–Further, once the conviction of accused no. 1 u/s. 302/34 was upheld/confirmed, there was no reason to acquit the accused no. 2 from the charge u/s. 302/34 as the motive has been established and proved–Findings of High Court are contrary to the evidence on record–Quashed and set aside.
