1. - The accused non-petitioners were tried by learned Addl. Sessions Judge No. 1, Alwar under sections 147, 148, 302 and 302/34 IPC for committing the murder of Prabhu Singh and the learned Addl. Sessions Judge after thorough perusal of the record, came to the conclusion that there were - certain glaring defects in the prosecution case:

(i) The FIR of this case was not lodged by the alleged eyewitnesses just after the occurrence. They waited for some time, collected other villagers and thereafter settled the story. Yet the name of P W. 7 does not find place in the list of eyewitnesses given in FIR.

(ii) The occurrence took place after sun set. The alleged eye witnesses were sitting at a distance of 300 steps and a such could not have identified assailants.

(iii) Sarpanch Kishan Lal reached the scene of occurrence just after the event, but none of the alleged eye-witnesses dis closed to him the names of the accused assailants. Instead of naming the accused, the witnesses stated that they had suspicion against Jogis. An eye-witness does not suspect, he believes and asserts affirmatively.

2. We have examined the judgment of the trial court in the light of the arguments advanced