- (1.) At the outset, we may notice that 15 accused persons had faced trial for offences under Sections 302 and 364 read with Section 34 of the Indian Penal Code, 1860 (for short "IPC") before the Court of the Additional Sessions Judge, Banswara (Rajasthan). Vide its judgment dated 5th September, 2003, learned Trial Court acquitted all the accused persons except Laleng son of Bajeng, Laleng son of Dalji and Kuriya son of Laleng. These three accused were convicted for both these offences and were directed to undergo rigorous imprisonment for life with a fine of Rs.4,000/- each and in default to further undergo rigorous imprisonment for four months under Section 302/34 IPC and to undergo rigorous imprisonment for ten years with a fine of Rs.1000/- each and in default to undergo further rigorous imprisonment for one month under Section 364/34 IPC.
(2.) All the three accused persons preferred separate appeals before the High Court, impugning the judgment of the Trial Court. Unfortunately, during the pendency of the appeal before the High Court, Laleng son of Bajeng died. Vide its judgment dated 25th May, 2008, the Division Bench of the High Court of Rajasthan at Jodhpur confirmed the judgment of conviction and order of sentence against the remaining two accused, i.e., Kuria son of Laleng and Laleng son of Dalji.
(3.) Aggrieved from the judgment of the High Court, both the accused have filed the present appeal. The State did not challenge the acquittal of the 12 accused persons by the Trial Court before the High Court. Thus, in the present appeal, we are only concerned with the appeal of the aforementioned two accused.;