JUDGMENT

C.K. Thakker, J.—These appeals have been preferred by the State of Rajasthan against the judgment and order dated November 3, 1989 passed by the High Court of Judicature for Rajasthan, Bench at Jaipur in S.B. Criminal Appeal Nos. 302 of 1989 and 322 of 1989 acquitting all the accused of the charges levelled against them.

2. Brief facts of the case are that during the night intervening 25th and 26th November, 1987, a report was lodged by one Ramji Lal (PW 1) at Police Station, Sever that a dacoity had been committed at Village Samarpur. It was alleged that at about 12.00 night, while he was sleeping in his room with his father Dwarika Prasad and younger brother Satish, 10-15 dacoits armed with lathis and guns came to his room and hit them with lathis and looted movable properties, ornaments of gold and silver from the houses of Ramji Lal, Chandan, Gopal and Ramsukh. In the incident, they shot at Dwarka Prasad on chest who died. Ramji Lal, PW 1 also stated before the Police that he could recognize the accused in the electric light. On the report a case was registered and the police visited the place of incident. Police recovered 3 empties of .12 bore, 3 empties of .315 bo