JUDGMENT

Santosh Hegde, J.-The State of Rajasthan is in appeal before us against the judgment of the High Court of Rajasthan at Jodhpur made in Criminal Appeal No. 111 of 1991. The appeal before the High Court was against a judgment of Additional Sessions Judge No. 1, Hanumangarh who by the said judgment, while acquitting 13 other accused persons, convicted the respondents herein for offences punishable under Sections 302 and 302 read with 34 IPC. By the impugned judgment, the High Court has allowed the appeal setting aside the conviction and sentence imposed on the respondents by the trial court.

2. Brief facts necessary for the disposal of this appeal are as follows:

Because of certain enmity arising out of political rivalry between the group of respondents herein and the complainant PW-1, it is stated that on 10.6.1988 at about 11 - 11.30 p.m. in Chowk Bazar near the bus-stand in the village Tibi, respondents herein and 13 others formed themselves into an unlawful assembly and attacked deceased Mahavir Singh in which attack second respondent herein exhorted the first respondent to shoot said Mahavir Singh who belonged to the group of complainant and pursuant to the said exhortation