Judgment

CHANDRACHUD, C. J.:- This Special Leave Petition is filed by the State of West Bengal against judgment of acquittal dated August 1, 1980, passed by the High Court of Calcutta in Criminal Appeal No. 18 of 1980.

2. The respondents, who are all Police Officers, were tried by the learned Judge, City Sessions Court, Calcutta, under Section 302 read with Section 34 of the Penal Code, on the charge that at about 10.00 p. m. on November 11, 1970, they, along with Bibhuti Chakraborty, the then Deputy Commissioner of Police (North Division), P. R.. Dey, the then Assistant Commissioner of Police (N. S.) and some others, caused the death of Ranjit Chakraborty and Samir Chakraborty by causing them gunshot injuries.

3. The case of the prosecution is that the deceased Ranjit and his brother Samir were siting outside their house when three police vehicles carrying the respondents and other Police officers, numbering about 15 or 20 in all, suddenly stopped in front of the house. The Police officers, led by Bibhuti Chakraborty, rushed towards them and their elder brother Benoy, with revolvers in their hands. Ranjit disclosed that he was a constable of the Calcutta Police and Samir said that he