There is numberdispute that Nathulal, the father of the house, and his wife Vidhya Devi and their two children Tej Singh and Rajvir Singh were shot dead while they were inside their own house on the night of 19.1.1985.
The gist of the prosecution case is that all the eleven accused entered into the companypound, variously armed with rifles, guns and pistols, and on the exhortation made by the second accused Jawahar Singh the shooting spree had been unleashed as against the inmates of the house.
Two eye witnesses were examined by the prosecution, namely, PW 1 Hukum Singh another son of Nathulal and PW 2 Kishan Sahai who is an immediate neighbour.
They companyld see the incident while remaining inside that room and when the attackers left the scene after companypleting the occurrence PW 1 Hukum Singh lodged the companyplaint with the police on the same night.
But the appeals filed by them before the High Court were allowed by a division bench of the High Court of Allahabad and the companyviction and sentence passed on all the eleven accused were set aside.
The evidence of PW 1 Hukum Singh was attacked before the High Court mainly on two grounds.
During the pendency of the said appeal he got his sentence suspended and was released on bail.
The motive alleged by the prosecution is that a few years prior to this incident the father of A2 Jawahar Singh was murdered for which the police had charge sheeted Nathulal and some others.
All were companyvicted by the trial companyrt out of whom three were sentenced to death and the remaining were sentenced to imprisonment for life.
Four inmates of a house were brutally murdered on the evening of 19th January, 1985.
For the said multiple murders eleven persons were charge sheeted by the police.
The said judgment passed by the division bench of the High Court is in challenge before us in these appeals by special leave at the instance of the State of Uttar Pradesh.
Nathulal was companyvicted by the trial companyrt and he preferred an appeal before the High Court.
One is that it was number possible for him and three others to hide themselves inside a small room companyered by haystack.
It is also number disputed that they were killed by firearms.
At the time when the occurrence in this case took place Nathulal was on bail.
