JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. Challenge in this appeal is to the order passed by a learned Division Bench of the Rajasthan High Court at Jodhpur directing acquittal of the respondents 1, 2 and 3. The learned Special Judge, SC and ST, Prevention of Atrocities Case, Balotara had convicted the respondents and sentenced them which was set aside by the High Court as noted above.

3. Background facts in a nutshell are as follows:

Complainant Luna Ram lodged an FIR in Police station, Bakhasar at about 8.30 a.m. On 31.08.1998, complainant reported that almost two months back he alongwith Sugala, Tila and Lila went to Dhanera, Gujarat, for a job. On 30.08.1998, they came to Sanchore in a Jeep and, thereafter, by another Jeep, they went to village Madhav. At around 7.15 P.M., they boarded a Bus from Village Madhav and reached Sata at around 9.30 P.M. From Sata, accused Bhupat Singh, Amrit @ Amiya, Ganu Singh @ Ganpat Singh, Pratap Singh and Kamiya boarded the bus. After just leaving village Sata, Bhupat Singh, Rai Singh, Pratap Singh and Ganu Singh came near their seat, as they all four were sitting on the last seat of the bus. Rai Singh stated that they will kill all the fo