( 1 ) STATE has filed this appeal under Section 378 of the Code of Criminal Procedure after obtaining leave against the judgment dated 5-7-1990 passed by Addl. Sessions Judge, sheopurkalan, District Morena, in sessions Trial No. 1/89 whereby respondents have been acquitted under Ss. 302, 307, 147, 148 and 149 of Indian Penal Code.

( 2 ) AS per prosecution story, incident took place on 25-1-1986 at about 6 PM on the road at village Saaypura, P. S. Aavda, Sheopurkalan, District Morena. Respondents Amar Singh, Shambhu S/o gopi, Babu, Mudya, Gunda, Shankar and gopi, alias Bhori were present at the place of occurrence. Injured Ramcharan singh was bringing the crop of mustard in his Tractor from his field. Amarlal and nephew of Ramcharan, Vasudev were also present in the Tractor. Vasudev was driving the Tractor. When they came near "gadori", respondents who were members of the unlawful assembly were present. Ravidas Baba alias Ravindradas immediately stood up and stopped the Tractor. He was carrying Katta in his hand. Baila also exhorted and said that Today is your last day. You have forcibly taken possession of our land". When complainant ramcharan Singh was alighting from the tractor, Balia fired on him. Ramcharan singh received fire arm injury in his left thigh which started bleeding and he fell down. Ravidas Baba also fired on Amarlal who received fire arm injury on his chest. He also fell down and died on spot (herein-after referred to as deceased only ). Thereafter, Shambhu told that now the evidence is vanished. Seeing this vasudev left the Tractor and ran away towards the river. Thereafter, the remaining respondents who were carrying lathi in their hands gave Lathi blows in the head and back of injured Ramcharan singh and some of the respondents also chased Vasudev. They also gave Lathi blows to Vasudev. Seeing this Babu singh, brother of Ramcharan Singh also came on spot. Other villagers also gathered on spot and the respondents ran away from the spot. Vasudev went to lodge fir but his FIR was not written. Police reached on spot and recorded Dehati nalishi (Ex. P/4 ). Thereafter, criminal law was set into motion. Matter was investigated, injured was referred for medical examination, dead body of the deceased was referred for post mortem, statements of the witnesses were recorded and chargesheet was filed after completing the investigation. It has also come in the evidence that Kaptan Singh morya (PW 10), Sub Inspector started the investigation, but the members of the complainant party were not satisfied. Some complaints were made against him to the higher authorities of the police department and thereafter the investigation was handed over to Kamal singh (PW 13) who was T. I. at that time. It has also come in the evidence that statements of some of the material witnesses were also recorded second time by T. I. Kamal Singh (PW 13) at the police station.

( 3 ) AT trial, all the accused persons abjured their guilt and their defence was that at the time of commission of crime some function was going on in a temple and all the persons were busy in performing religious rituals and Havan. They pleaded that they were not present on the spot and they have not committed the crime. Respondent No. 1 Ravindra Das is a "sadhu" and is a Guru of Banjara community. All the respondents are also members of the Banjara Community. It has also come in the evidence that there was some dispute between the complainant party and the respondents, over sale of land and this fact has not been denied by respondents nos. 1 and 3 in their statement recorded under Section 313 of the Code of Criminal Procedure. During trial, prosecution examined as many as thirteen witnesses and the trial Court after considering their evidence found that the prosecution has failed to prove the allegations against the resppndents by producing evidence beyond reasonable doubt. Trial Court has discussed the evidence in detail and has found that the prosecution