Judgment

Thomas, J.-This appeal is filed under Section 379 of the Code of Criminal Procedure (“Code”) and Section 2 of the Supreme Court (En­largement of Criminal Appellate Jurisdiction) Act, 1970. Appellant was third accused in the trial Court. He and all the other accused arrayed along with him were acquitted by the Sessions Court. When State of Madhya Pradesh challenged the acquittal before the High Court of Madhya Pradesh, a Division Bench of the High Court reversed the ac­quittal as against the present appellant Pammi alias Brijendra Singh and his father Thakkar Singh (who was the first accused). But the latter died and hence this appeal by special leave has been filed by Pammi alias Brijendra Singh alone.

2. This case relates to the gunning down of three persons (1. Suresh Palia, 2 Suresh Sharma and 3. Bajrang Rajput) at about 9 P.M. on 24.6.1983 near Apsara Punjab Hotel at Itwara Bazar. (Piparia in Madhya Pradesh). The story of the prosecution is, in brief, the following:

One Santhosh Singh (who died in a subsequent encounter) and Kamal Kumar Jaiswal (P.W. 5) were partners in a liquor business. They had to settle accounts between them and that erupted estrangement between them