Judgment

Shah, J.-In Sessions Case No. 63 of 1982 decided on 3rd September, 1983, the Additional Sessions Judge, Hanumangarh in all convicted the seven accused, namely, Major Singh, Modan Singh, Darshan Singh, Mithu Singh, Atma Singh, Balwant Singh and Ukar Singh for the offences punishable under Sections 302, 148, 149, 307 IPC. However, he acquit­ted Sadhu Singh and Gurdayal Singh for the offences for which they were charged. Convicted accused were sentenced to undergo R.I. for life and fine as stated in the Order. Against that order, the convict­ed accused preferred Criminal Appeal Nos. 345/83 and 346/83. The Division Bench of the High Court of Judicature for Rajasthan at Jodh­pur acquitted all the accused by Judgment and Order dated 21st July, 1989. Against that order, the State has preferred this appeal by special leave.

2. Learned Counsel for the Appellant submitted that the Judgment and Order passed by the High Court is based on mere conjectures without appreciating the evidence of injured witness and other eye-witness in proper perspective. He submitted that the reasons given are totally erroneous and extraneous to the matter. As against this, learned Counsel appearing on beha