JUDGMENT

K.G. Balakrishnan, J.-Both these appeals arise from the common Judgment passed by the High Court of Rajasthan on 24.9.1996 in D.B. Criminal No. 353 of 1990, whereby the acquittal of three accused persons was confirmed. Criminal Appeal No. 656 of 1997 is filed by the de-facto complainant and the Criminal Appeal No. 657 of 1997 is by the State.

2. The respondents Raja Ram, Hari Padam and Pappu @ Raj Kumar were charged under Section 302 read with Section 114 I.P.C. and Sections 25 & 27 of the Indian Arms Act. The case against these respondents is that they caused the death of one Mota Ram son of Dana Ram at about 5.30 p.m. on 3.1.1985. PW 1 Hem Raj, the appellant in Criminal Appeal No. 656 of 1997 preferred the First Information statement before the Police on 3.1.1985 itself at about 9.00 p.m. In the F.I. Statement, he stated that he alongwith deceased Mota Ram was proceeding to their field and Mota Ram was walking about 15-20 steps ahead of him. The accused respondents suddenly emerged from the neighbouring field and accused Hari Padam shouted that enemy had come and that he had to be finished. Thereupon Raja Ram and Pappu @ Raj Kumar took out their pistols and fired at Mota R