( 1 ) THIS is an appeal by the State against the Judgment and order of acquittal dated 25th April, 84 passed by the J. M. F. C. Davangere in Criminal Case No. 1386/82, acquitting the accused of the offences punishable under Sections 279, 337, 338 and 304a. P. C.

( 2 ) THE material facts are as under :

On 2-12-81 Mohan-P. W. 2, Ravikumar-P. W. 3, Ramu-P. W. 4, Babu-P. W. 5 and Deenadayal-P. W. 6 and the parents of Mohan-F. W. 2, and his elder brother and his sisters and other relatives left dandeli in a matador van MEZ 9472 at about midnight for the purpose of going to Virudhunagar where the marriage of P. W. 6 was to be performed on 7-12-81 The said van left Dandell at 12 midnight. The van reached Hubli at 2 a. m. on 3-12-81. They and the driver had tea in Hubli and again lelt for Davangere. They reached Davangere by about 5-30 or 6 a. m. They took diesel for the van at about 6 a. m. in Davangere. The said van leu Davangere at about 6 a. m. towards chitradurga. When the said matador van (hereinafter referred to as 'the van') was coming near hebbal village towards Chitradurga direction, a jeep bearing No. MYW 3134 ('jeep' for short) ariven by the accused came from the