JUDGMENT

Thomas J.-It was a jinxed bus journey for Phool Chand and Dwarkalal as both of them were murdered by armed assailants and also for Badri Lal (PW-3) who too was travelling in the same bus. However, Badri Lal, survived despite being badly mangled by the assailants. The case was registered on his complaint and the present six respondents were challanned by the police for various offences. Sessions Court convicted them under Sections 302, 307 and 326 read with Section 149 of the Indian Penal Code besides other lesser offences relating to unlawful assembly. But High Court of Rajasthan, on appeal by the respondents, acquitted them all. This appeal by special leave has been filed by the State of Rajasthan challenging the said order of acquittal.

2. The double murder happened around 8.00 a.m. on 23.12.1983 at Simalia (Kota District). Prosecution case is, shortly, this : Badrilal (PW3) along with brother Phool Chand and Dwarkalal were travelling in a bus for reaching the court where they had to appear as accused in a case. His uncle Gopal (PW 18) was also travelling with them. When the bus reached Simalia some passengers went out for tea break. Respondents variously armed with swords