Jagat Singh, J. - (1.) This appeal is filed against acquittal under sub-secs. (iii) & (i) of Section 378 Cr.P.C. has been preferred on behalf of State.
(2.) The learned Addl. Sessions Judge No. 1, Bikaner by its judgment dated 28.8.1999 in his Sessions Trial No. 63/96 after a threadbare discussion of the evidence gave benefit of doubt to the four accused-respondents thereby acquitting them from the charges of Section 307 r/w Section 34 of the IPC as also Section 3/25 of the Indian Arms Act. Aggrieved against that order the State has filed this appeal.
(3.) I have heard at length the learned Public Prosecutor as also the learned counsel for the respondents and have perused not only the impugned judgment but also the record available on the file. Brief facts for the correct appreciation and disposal of this appeal are as under :;