AJIT BHARIHOKE, J.

1. This appeal is directed against the order of acquittal dated 08.05.1995 passed by the learned Additional Sessions Judge in Sessions Case No.94/94 arising out of case FIR No.429/93, Police Station Nangloi, under Section 302/506/34 of the Indian Penal Code read with Section 27 of the Arms Act.

2. Briefly stated, case of the prosecution as disclosed in the charge sheet is that on 04.10.1993 at about 4.29 AM wireless operator of police control room visited Police Station Nangloi and informed that one Mohd. Idrish resident of Budh Bazar, Nangloi has given information on telephone that a murder has been committed in House No.552, adjacent to House No.510 of Shahid Parvesh. The information was recorded as DD No.48B and entrusted to SI Raghbir Singh for verification who immediately left the Police Station. Immediately thereafter, the accused Shahid Mian reached at the Police Station. He was carrying two blood stained churras (knives) and he stated that he has killed his sister Sajida Begum and her sons Sikandar Ali and Shahid Ali at his House No.B-463, Camp No.2, Nangloi, by stabbing them with the knife. Thereafter, he along with Sagir Khan went to House No.A-616, Camp No.2, Nangloi where his elder sister’s son Sartaj Mian was sleeping with his co-workers Mohd Rashid, Sanaullah Khan and Mohd. Anwar. Sagir Khan caught hold of Sartaj Mian and he killed Sartaj Mian with the churri. He also stated to the Duty Officer that because of noise, co-workers of deceased Sartaj Mian awoke and he threatened to kill them if they intervened. Statement of accused Shahid Mian was recorded by the Duty Officer on basis of which a formal FIR was registered and it was sent to SI Raghbir Singh through ASI Dharambir Singh. It is further alleged that the Duty Officer took the knife and the churri from the accused Shahid Mian and converted them into sealed packets before taking possession.

3. SI Raghbir Singh, on the receipt of the copy of the FIR, interrogated accused Shahid Mian, who made a disclosure statement and pursuant to that disclosure statement, he led the Police party to House No.B-463, Camp No.2, Nangloi from where dead bodies of Sajida Begum and her sons Sikandar Ali and Shahid Ali were recovered. Thereafter, the accused Shahid Mian led the Police party to House No.A-616, Camp No.2, Nangloi from where dead body of deceased Sartaj Mian was recovered. Post mortem of dead bodies was got conducted. The blood stained clothes of the deceased persons, besides a blood stained gudri recovered from House No.B-463, Camp No.2 were also seized. All the seized articles including blood stained clothes of the accused Shahid Mian and the blood stained knife and churri were sent for serological examination. Co-accused Sagir Khan was also arrested and after completing the necessary formalities of investigation, both the accused were sent for trial for the offences punishable under Section 302/506/34 IPC and Section 27 of the Arms Act.

4. Both the accused were charged for offences under Section 302/34 IPC for having committed murder of Sajida Begum, Sikandar Ali, Shahid Ali and Sartaj Mian. They were also charged for the offence of criminal intimidation punishable under Section 506 read with Section 34 IPC. Accused Shahid Mian was further charged for the offence under Section 27 Arms Act and for having illegal possession of knife and a churi with intention to use the same for unlawful purpose and used for committing murder. Both the accused pleaded not guilty and claimed trial.

5. On consideration of evidence and statement of the accused person, learned Trial Judge acquitted both the accused, vide impugned judgment, giving them benefit of doubt. Feeling aggrieved by the order of acquittal, State has come in appeal.

6. On perusal of record, we notice PW2 Sanaullah Khan and PW3 Mohd Rashid, the alleged eye witnesses to murder of deceased Sartaj Mian, are hostile witnesses and they have not supported the case of the prosecution inasmuch a