JUDGMENT

Arijit Pasayat, J.-The State of Rajasthan is in appeal questioning legality of judgment of the High Court of Rajasthan at Jodhpur Bench, holding that the respondent was innocent and was entitled to acquittal from the charges levelled against him for alleged commission of offence punishable under Section 302, Indian Penal Code, 1860 (for short IPC). The accused was held to be guilty by the learned Additional Session Judge, Hanumangarh who awarded a death sentence on finding the accused guilty.

2. Accusations which laid foundation of the prosecution case reveal that information was given by Sahi Ram (PW-6) on 20-12-1989 at about 7.15 a.m. at the Sangaria Police Station to the effect that his younger brother was responsible for homicidal death of 5 persons, that is, his father, younger brother, the younger brother s wife and their two children. The killings were on account of gunshots and murders were committed on 19-12-1989. On the basis of information lodged investigations were undertaken and on completion thereof charge sheet was filed stating that offences punishable under Section 302 IPC and Section 27 of Indian Arms Act, 1959 (for short Arms Act ) were committed, the app