Judgment

B.P. Singh, J.—We have heard counsel for the Appellant who is the informant. As many as eight persons were put up for trial before the 2nd Additional Sessions Judge, Bhabua in Sessions Trial Case No. 285/5 of 1994. By Judgment and Order dated 22nd November, 1995 the Trial Court acquitted as many as six of the accused persons but convicted Respondent Nos. 2 and 3 of the offences under Section 302 IPC and Section 27 of the Arms Act. Respondent No.2 was sentenced to death whereas Respondent No.3 was sentenced to imprisonment for life.

2. Two separate appeals were preferred by Respondent Nos. 2 and 3 before the High Court of Judicature at Patna being Criminal Appeal Nos. 379 and 406 of 1995 which were heard along with Death Reference No.3 of 1995. The High Court, on a consideration of the evidence on record, came to the conclusion that the Trial Court was fully justified in acquitting six of the accused persons and the evidence of the eye-witnesses did not appear to be reliable inasmuch as even those eye-witnesses who alleged overt acts against some of the acquitted accused persons were not believed. In fact, two of the accused persons against whom overt acts were alleged, were