Judgment

Nanavati, J.-Both these appeals are filed against the judgment and order passed by the Rajasthan High Court in DB (Crl.) Appeal No. 12/89. Criminal Appeal No. 623/91 is filed by the brother of the deceased and Criminal Appeal No. 624/91 is filed by the State.

2. Respondents - Ranveer, Bhadar Ram, Chet Ram, Het Ram, Mohan Singh and Om Prakash were convicted by the trial Court for the murder of Duni Ram. The conviction was based mainly upon the evidence of the eye-witness - P.W. 1 - Mohar Singh, brother of the deceased. The other evidence relied upon by the prosecution was of corroborative nature. The trial Court also relied upon the dying declaration stated to have been made by the deceased before his wife - P.W. 7 - Gomti.

3. The High Court on reappreciation of evidence found that the evi­dence of P.W. 1 was not reliable as regards the identity of the ac­cused. The High Court was pointed out that P.W. 1 immediately on his return to the village, after the incident had happened, had stated to his mother and sister-in-law that Duni Ram was beaten by ‘Bhanbhus’. It may be stated that ‘Bhanbhu’ is a sub-caste of Jats. As P.W. 1 had not given names of the assailants but described t