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 behalf of the accused submitted that the order passed by the High Court is justified and High Court has rightly not relied upon the evidence of P.W. 1, injured eye witness and P.W. 2.

3. For appreciating the said contentions, it would be just and necessary to narrate a few facts. It is the prosecution version that on 3rd July, 1982 at about 8.30 p.m., Bakshish Singh (Jat Singh) resident of Chak Dhola had gone to the mohalla of Harijans to find out labour. At that time, informant, his son. Baljeet Singh was taking bath at his residence and he heard the noise of ‘Marta’ ‘Marta’ coming from near the house of Mal Singh. Hearing the said noise, his mother Basant Kaur and Jeeto alias Jeet Kaur P.W. 1 who were standing outside the house ran towards the scene of offence. After putting on clothes, he too went out of the house and he saw that in the lane near the house of Mal Singh, Modan Singh (accused No. 1), Darshan Singh (ac­cused No. 3), Major Singh (accused No. 5), Atma Singh (accused No. 6), Balwant Singh (accused No. 8), Ukar Singh (accused No. 9) who were having gandasi were assaulting his father (deceased Bakshish Singh) and to his mother (deceased Basant Kaur). Mithu Singh (accused No. 4) armed with sword was also present. His sister was crying. It is his say that Sadhu Singh (accused No. 2) who was armed with the gun and Gurdayal Singh (accused No. 7) who was armed with Gandasi were also standing and telling that no one should be spared today. When he reached near his father and mother, Sadhu Singh fired from his gun but the fire did not hit him. At that time also, accused were assaulting his mother and father who fell down on the earth. He saw also his sister Jeet Kaur lying nearby in injured condition. Looking to him, other accused chased to kill him but he ran away and reached at the house of Mithu Singh alias Sukhdev Singh, and stated the story to Mithu Singh. Thereafter, both went at the house of Kaka Singh and narrated the story of Kaka Singh upon which all of them reached at the place of occurrence and challenged the accused persons upon which they ran away. He said that his parents breathed their last when they reached at the scene of occurrence. His sister was lying in an injured condition. F.I.R. was lodged and investigation started. After completing the investigation, accused were charged for the offences under Section 302 read with Sections 148, 149, 307 and Section 307 read with Section 149, IPC. For proving the prosecution version, prosecution examined injured Jeet Kaur, P.W. 1, Baljeet Singh P.W. 2 and Sukhdev Singh, P.W. 3. Prosecution also examined Dr. Kailash P.W. 4 and Dr. Sri Nath P.W. 5 for the injuries suffered by P.W. 1 Jeet Kaur. P.W. 5, Dr. Sri Nath had also carried out post-mortem examination of Mrs. Basant Kaur and had foun