JUDGMENT

G.P. Mathur, J.-State of Rajasthan has preferred this appeal by special leave against the judgment and order dated 31-1-1991 of Jaipur Bench of High Court of Rajasthan by which the appeal preferred by the respondents against their conviction and sentence was allowed and they were acquitted. The learned Additional Sessions Judge, Kishangarh (Alwar) had convicted the respondents under Sections 148, 307, 302 and 448 IPC and had sentenced them to one year RI, 7 years RI and a fine of Rs. 1000/-, imprisonment for life and a fine of Rs. 100/- and one month RI respectively under each count. The respondent No. 1 Bhawani had been further convicted under Section 3/25 of the Arms Act and had been sentenced to one year RI and a fine of Rs. 500/-.

2. According to the prosecution, the incident took place at about 5.30 p.m. on 21-12-1985 in village Bhajnawas when PW1 Daya Ram was cutting fodder in his Nohara. The respondents Bhawani armed with gun, Hari Singh armed with country-made pistol and three others namely Kishanlal armed with gun, Ramjilal armed with pistol and Amilal armed with country-made pistol suddenly came there and after giving abuses, started firing from their respective we