Uma Nath Singh. J.:- This appeal by the State arises out of a judgment dated 5.1 0.1999 passed by learned Sessions Judge, Patiala, in Sessions Case No. 35 T, of 11.6.98/15.11.91, recording acquittal of the accused-respondents Gurnam Singh, Buta Singh, and Balihar Singh, of the charges under Sections 302 and 307/34 IPC and Sections 25 and 27 of the Arms Act.

2. As per statement of complainant Gurbax Singh, on the date of incident i.e. 26.6.1991 at about 11.00 p.m., he, and his sons, Kulwinder Singh and Sardool Singh, and other family members were lying asleep in the court-yard of their farm house. Having heard the sound of an approaching car, he got up and saw that on reaching the turning point which led to the farm house, the car was stopped, and its head lights were switched off. He made both his sons Kulwinder Singh alias Kala and Sardool Singh wake up and saw that four persons alighted from the car and were coming towards his farm house. According to him, the electric light of the court- yard was on at that time. Thus he identified them as Amrik, son of Shingara Singh (since deceased), Gurnam Singh, Balihar Singh and Boota Singh. They all belong to his native village. Ac