- (1.) The State of Rajasthan is in appeal before us against the judgment of the High Court of Rajasthan at Jodhpur made in Criminal Appeal No. 111 of 1991. The appeal before the High Court was against a judgment of Additional Sessions Judge No. 1, Hanumangarh who by the said judgment, while acquitting 13 other accused persons, convicted the respondents herein for offences punishable under Sections 302 and 302 read with 34, IPC. By the impugned judgment, the High Court has allowed the appeal setting aside the conviction and sentence imposed on the respondents by the trial Court.
(2.) Brief facts necessary for the disposal of this appeal are as follows:- Because of certain enmity arising out of political rivalry between the group of respondents herein and the complainant PW-1, it is stated that on 10-6-1988 at about 11-11.30 p.m. in Chowk Bazar near the bus-stand in the village Tibi, respondents herein and 13 others formed themselves into an unlawful assembly and attacked deceased Mahavir Singh in which attack second respondent herein exhorted the first respondent to shoot said Mahavir Singh who belonged to the group of complainant and pursuant to the said exhortation A-1 shot said Mahavir Singh with a.12 bore gun which shot hit him on the back of his neck consequent to which Mahavir Singh fell down dead. The incident in question according to prosecution, was witnessed by PWs-1 and 2 and PW-3 who happened to come to the place of incident immediately thereafter. The complaint in this regard was lodged in Police Station Tibi by about 10.40 a.m. on 11-6-1988, and the special report in regard to this incident actually reached the jurisdictional Magistrate at about 12 Noon on that day.
(3.) The investigation in the case was conducted by PW-7 and based on the evidence of PWs-1 to 3 coupled with the supporting evidence led by the prosecution, the trial Court came to the conclusion that the case against A-3 to A-15 has not been established by the prosecution, hence, acquitted them, while it found A-1 guilty of an offence punishable under Section 302 and A 2 was convicted for an offence punishable under Section 302 read with34, IPC.;