JUDGMENT

Sema, J.-This appeal by special leave is preferred by the State of Rajasthan against the order of the High Court dated 11-1-1995 whereby and whereunder the High Court has maintained the conviction of accused Dhulla under Section 302 IPC simpliciter and recorded acquittal of the accused-respondents Nathu s/o Nana, Walji (Balji) S/o Moola, Heera S/o Nana and Dheera S/o Moola, thereby reversing the sentences and convictions recorded by the Trial Court in case No. 90 of 1985 under Section 302 with aid of Section 149 IPC and sentenced them to RI for life. The accused Dhulla is not before us.

2. Two children of Bhima (PW-1) - son-Dinesh aged about four years and daughter-Jeevi aged about seven years, were butchered to death by inflicting axe blows between 12.00 1.00 noon on 26-6-1985. The post mortem shows that the necks of deceased Dinesh and Jeevi were choked and the same were connected with a thin layer of skin. The prosecution story briefly stated is that on 26-6-1985 at about 12.00 - 1.00 noon while the complainant Bhima (PW-1) was sleeping on the cot along with his son Dinesh aged 4 years and his daughter Jeevi aged 7 years who were also sleeping on the palm carpet on