Wanchoo, C.J.—This is an appeal by the State against the acquittal of Motia, Gepla and Achalia of offences under secs. 302 and 318 of the Indian Penal Code. Motia and Gepla have been served, and the appeal is, therefore, being heard against them. Achalia has not been found yet, and the appeal against him will remain pending.

2. The prosecution story is briefly this :

Harka deceased, his wife Mst. Chakhu, also deceased, and his daughter Jamuna, also deceased, used to live in village Bakra. Siremal P.W. 8 is a neighbour of Harka, his house being 40 paces away. He heard the cries of Mst. Rambha, mother of Harka deceased on the morning of the 8th December 1948. Mst. Rambha is blind, and was told by a child in the morning that Harka was lying dead, and therefore raised an alarm. Siremal went to Harkas house accompanied by Kistoorchand, and saw the dead bodies of Harka, his wife Chakhu and his daughter Jamuna lying there in the Pol. They, therefore, sent information to the police at Jalore. Sub-Inspector Hukamsingh immediately left for Bakra, and started investigation there. He found the cash box open and empty, and the Ora broken into, and it also seemed that ornaments were taken away fro

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