JUDGMENT

Kirpal, J.-This is an appeal by special leave against the judgment of the Allahabad High Court which had upheld the acquittal of all the accused respondents of charges under Sections 147, 302/149, 436/149, 307/149 of the Indian Penal Code (for short the IPC ) and under Section 4 (iv), (x) and Section 5.7 of the Protection of Civil Rights Act 1955. The aforesaid charges were framed pursuant to an occurrence which had taken place in village Kafalta Malla in district Bilaspur in the State of U.P. wherein 14 persons were killed and 7 injured. All the 32 accused-respondents were acquitted by the Sessions Judge and, in appeal, the acquittal of all of them was upheld except that accused Kishan Singh, respondent No. 20, and Jeet Singh, respondent No. 14, who were convicted by the High Court under Section 325/34 IPC and sentenced to five years rigorous imprisonment.

2. The occurrence in question too place on 9th May, 1980. The complainant s side is Dom by caste. It was not disputed during the arguments that Dom is a scheduled caste. The prosecution case is that a marriage party from the complainant s village Birlagaon Talla was going to village Pinna. It had to pass through village