ORDER

1. The three appellants before us were tried by the Additional Sessions Judge, Udaipur for the murder of one Satya Prakash on 12-12- 1990 in furtherance of their common intention. The trial court convicted and sentenced them for the above offence and the High Court affirmed the same in their appeal. Hence this appeal at the instance of the appellants.

2. Though the prosecution examined as many as six eyewitnesses to prove the accusation levelled against the appellants all of them except one, namely, Girdhar Gopal (PW 1), turned hostile. Relying upon the evidence of PW 1 and the medical evidence which corroborated him the learned courts below recorded their respective findings against the appellants.

3. Having carefully gone through the record we are unable to sustain the above concurrent findings in view of the fact that the evidence of Mohal Lal (PW 10), which materially impinges on the evidence of the sole eyewitness, namely, PW 1 was not considered by the learned courts below from a proper perspective. Admittedly, PW 1 did not know the three appellants from before and, therefore, to corroborate his identification in court of the three appellants as the miscreants, the pros