Judgment

Nanavati, J.-Both these appeals arise out of the judgment and order passed by the High Court of Rajasthan in Criminal Appeal Nos. 398 and 382 of 1983. The High Court acquitted the appellants in those appeals and, therefore, the State has preferred these appeals against their acquittal.

2. According to the prosecution about 12 to 13 persons armed with guns and other weapons had gone to the house of Babu on 22.8.1981 at about 5.30 p.m. and shot dead Ram Bharosa, Shankar and Bhikha. They had burnt the house of Babu and also taken away certain articles belonging to the persons residing therein. Eleven out of the them were challaned by the police. As two accused were absconding, the trial proceeded against the remaining nine accused. One of them was found to be a child witness and therefore his trial separated. Out of eight accused who came to be tried for the offences punishable under Sections 148, 302, 302/149 and 436 IPC, the trial Court convicted seven. They had preferred two separate appeals one was by five accused and the other by two. The High Court acquitted them all on the grounds that the version given by the four eye-witnesses was improbable, that they had made materia