DHARNIDHAR JHA, J.

1. The present appeal has been preferred by the State through Special Police Establishment, CBI, Patna to challenge the judgment of acquittal passed by learned 14th Additional Sessions Judge, Patna in a batch of Criminal Appeals bearing no; 301 of 1987, 307 of 1987 and 303 of 1987 on the 9th day of August, 1999 by which the judgement of conviction and order of sentence passed upon the three respondents by Special Magistrate, C.B.I., Patna on 31.8.1987 in Trial No.2 of 1987 arising out of RC 12 and 13 of 1981 was set aside and the three respondents were acquitted of the charges under Sections 120B read with 326, 220 and 109 of the IPC.

2. On 24.7.1980 the respondents along with one S..Hembram, who was on that day Dy.S.P., Nathnagar, Bhagalpur recorded their departure from Sabour police station at 12.15 hours in Station Diary Entry no.408 dated 24.7.1980(Ext-2) showing the purpose of the departure to arrest the criminals. Ten persons were taken into custody from two different village, Lakshmipur and Khirjan; they were Lakhi Beldar (P.W.1), Shankar Tanti (P.W.2) Saldeo Tanti (not examined), AnirudhaTanti (P.W.7) all of village Laxmipur, Putul Tanti, Baldeo