Judgment

P. K. GOSWAMI, J.- There are cases where crimes are established but criminals participation is shrouded in suspicion. This is one such case.

2. Three murders were committed in the course of a dacoity during the early part of the night on 20-4-1972, at about 9.00 P. M. All the inmates of the house under attack had not then finished their meals. Lights were burning. The village was awake. Accused are known and of the neighbourhood combining with four unknown persons. They came armed with firearms. The fire was opened and two men and one woman fell to the fatal bullets.

3. Shrieks and shouts came from the house as well as from the housetop where two insiders took position, torchlight with one of them, shouting frantically for help. A large number of men gathered at the gate, some of them, even while dacoity was going on inside. A fire was lit at the gate to add to the moonlight to enable recognition of the dacoits.

4. What does it all lead to/ Only three inmates, PWs. 1 to 3, an inimical neighbour (PW 4) and a witness (P W. 5), out of the hundred who gathered and who had not even been examined by the police during the investigation, are before us to testify to the guilt of the f