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 th