JUDGMENT

Nanavati, J.-The widows of the three victims, who were alleged to have been murdered by respondent Nos. 1 to 8 (Accused 1 to 8), have filed this appeal, by special leave of this Court, against the judgment and order of acquittal passed by the High Court of Rajasthan (Jaipur Bench) in B.D. Criminal Appeal No. 444 of 1987. The State has not thought it fit to file an appeal against the decision of the High Court.

2. On account of a dispute regarding land there was enmity between the family of Anna Rawat of Village Masiniya in the District of Ajmer with the family of Accused No. 1. It was the prosecution case that because of the enmity Accused Nos. 1 to 8 assaulted Anna Rawat, his brother Kana, his sons Madhu, Arjun, Mohan and Sua and one Punna and Ratna while they were returning from their fields to the village in the evening of 11.2.1986. They were assaulted while they were passing through the Nalla situated near the field of Ganpat Chita. Vishnu (A-2) and Ratan (A-5) were armed with pharsis, Sardara (A-7) was armed with an axe and others were armed with sticks. Ratan (A-5) first gave a blow with his pharsi on the head of Anna and Vishnu (A-2) gave a blow with pharsi on the waist of Anna. Ratna (A-5) then gave a blow with pharsi on the head of Kana. Sardara (A-7) gave an axe blow on the hand of Kana. Vishnu (A-2) gave a pharsi blow on the head of Madhu. Thereafter all the accused started beating other members of Anna s party. On account of the injuries caused to them Anna and Kana died on the spot. Madhu died while he was being taken to the hospital. As a result of the blows given by the accused, Sua (PW-1), Mohan (PW-2), Arjun (PW-7), Punna (PW-8) and Ratna (PW-9) received injuries.

3. In respect of this very incident Vishnu (A-2) lodged an oral report with the police at Kishanganj Police Station at about 9.00 P.M. In pursuance of that report Hardayal Singh, who was incharge of that Police Station, went to Village Masiniya. He recorded the complaint of Sua (PW-1) at about 11.00 P.M. The police first filed a charge sheet against A-1 to A-8 but after making further investigation they filed another charge sheet against six more persons. All the fourteen accused were committed to the court to Sessions. The learned Sessions Judge discharged the accused against whom charge sheet was filed later as he did not find sufficient evidence to proceed against them. The learned Judge proceeded against A-1 to A-8 and convicted them mainly on the basis of the evidence of Sua (PW-1), Mohan (PW-2), Arjun (PW-7), Punna (PW-8) and Ratna (PW-9). All the accused were convicted under Section 302 read with Section 149 IPC for causing the murders of Anna, Kana and Madhu and also under Sections 323 and 324, both read with Section 149 IPC for causing injuries to the said prosecution witnesses. Vishnu (A-2), Ratna (A-5) and Sardara (A-7) were also convicted under Section 148 IPC and the rest were convicted under Section 147 IPC.

4. All the eight accused challenged their conviction and sentence by filing Criminal Appeal No. 444 of 1987 in the High Court of Rajasthan. The High Court on re-appreciation of the evidence found that :-

1. the eye witnesses had tried to suppress the genesis of the incidence;

2. the eye witnesses had falsely implicated before the police 13 more persons, as disclosed by the fact that the police did not think it fit to file any charge sheet against all of them and six accused were discharged by the Sessions Court;

3. all eye witnesses denied to have made statements on 28.3.1986 and 4.7.1986 with reference to which they were contradicted during their cross-examination;

4. all the eye witnesses have made similar improvements while giving their evidence in the court;

5. the eye witnesses have falsely denied that the accused had received any injury at their hands;

6. the independent eye witnesses Bholu (PW-4), Sayar (P