JUDGMENT

Santosh Hegde, J.—Being aggrieved by the judgment of the High Court of Judicature for Rajasthan at Jodhpur in Crl. Appeal No. 329/82 dated 12.1.1988 whereby the High Court reversed the judgment of conviction and sentence awarded by the Sessions Judge, Hanumangarh, in Sessions Case No. 56/81, the State of Rajasthan has preferred this ­appeal.

2. Briefly stated, the facts leading to this appeal are :

On 15.8.1981 between 4 and 4.30 p.m. one Hazoora Singh, resident of Jandawali, his daughter Amrao and Sadhu Singh were sitting under a tree near their house when they heard a loud shriek coming from a nearby house of Billu Majhabi whereupon it is stated that the said trio rushed to the place of occurrence and saw Mukhtiar Kaur (A-3), Bhajan Singh (A-2) had caught hold of the legs of one Malkiat Singh (deceased) while Teja Singh (A-1) was stabbing the said Malkiat Singh with a Kirpan. At about the same time, many other persons of the village had also gathered at the spot and on seeing the crowd gathering, the abovenamed 3 accused fled from the scene of occurrence. It is alleged that the said Malkiat Singh died on the spot. Immediately thereafter Hazoora Singh went to Ram Pratap,