(1) STATE of Rajasthan filed this appeal assailing the judgment of the High Court of Rajasthan (Jaipur bench) in D.B. criminal appeal 460 of 1995 in which the High Court set aside the judgment of the trial court convicting the accused, respondents herein under section 302 IPC. The respondents were charged under sections 364 and 302 IPC for kidnapping Bachhu Singh and for causing his death. The trial court found the respondents guilty of both the charges; convicted them thereunder and sentenced them to undergo 10 years rigorous imprisonment on the former count and life-imprisonment on the latter count. The High Court while maintaining the conviction and sentence of the respondents under section 364 IPC, set aside the judgment of the trial court in respect of the charge under section 302 IPC. The operative portion of the judgment reads as under:

"OUR independent analysis of the evidence on the record coupled with the infirmities which we have noticed above has created an impression on our minds that the prosecution has not been able to bring home guilt to each of the appellants under section 302 IPC beyond a reasonable doubt. The trial court therefore, was not right in co