JUDGMENT

PUNCHHI, J.:- This appeal by special leave is directed against the judgment and order of the Punjab and Haryana High Court at Chandigarh dated April 19, 1979 passed in Criminal Appeal No. 843 of 1976.

2. The appellants herein are five in number. They along with four others were sent up for trial before the Court of Session, Faridkot on various charges as detailed in the judgment under appeal. Those four co-accused of the appellants were acquitted by the learned Sessions Judge, and the matter seems to have rested there because apparently the State of Punjab did not take up the issue against those four accused. On the basis thereof, the principal plea of the appellants through their counsel herein is that when four accused have been acquitted, the prosecution story itself has lost credence, entitling the appellants to acquittal. It is this plea which has engaged our attention.

3. The parties belong to village Talwandi Bhagerian, Distt. Faridkot, Punjab. There was a vacant plot belonging-to Harnek Singh, Jagatjit Singh and Wasakha Singh sons of Partap Singh, who were living abroad. Adjoining thereto was the outer house of Balwant Singh P.W. 15. According to the prosecution, Balw