Arijit Pasayat, J. - (1.) Three appellants before the Rajasthan High Court alongwith one Giluda faced trial for alleged offence under Section 302 read with Section 34 of the Indian Penal Code (in short the IPC). A Division Bench of the Rajasthan High Court Jaipur Bench directed acquittal of the Giluda and upheld the conviction so far as the appellants before it are concerned. Each one of them was found guilty of offence punishable under Section 302 read with Section 34 IPC and was sentenced to undergo imprisonment for life. 23 persons were named in the First Information Report (in short the FIR) but after investigation police filed charge sheet against seven of them. The appellants before High Court along with three others, namely, Babu Ram, Raghuveer and Kailash faced trial. Said Babu Ram, Raghuveer and Kailash were acquitted by the trial court. Each of the appellants was sentenced to undergo imprisonment for life each to pay fine about Rs. 1,000/- with default stipulation. Only the present appellant has questioned legality of the judgment of the High Court.
(2.) Background facts in a nutshell are as follows: On 1.4.2000 at 4.30 p.m. First Information Report (in short the FIR) with regard to the incident came to be lodged on the same day at 7.30 p.m. by Bhonr Singh, brother of deceased Prabhu and Reghuveer. It was a written report on the basis of which formal FIR came into being. Bhonr Singh in the FIR lodged by him stated that between 4 to 5 in the evening on 1.4.2000, his brother Prabhu and Raghuveer were coming back from Thanagazhi after attending hearing of a case. When they were going from Mandawara to Talvriksha, on the outskirts of the village, because of personal enmity, Girdhari son of Dola Ram Rebari, Hanuman, Lala and their younger brothers sons of Girdhari Rebari, Tulsa wife of Girdhari, Hardeva, Giluda, Gopal, Shimbhu sons of Hardeva, Santi wife of Hardeva and Hardeva himself, Ramjilal, Manaram, Pancha, Yada sons of Bhora Jat, Prabhu, Maharam sons of Shankar and relations of Girdhari Rebari whose names he did not know, Dholi wife of Sunda Ram, Sundaram and his four sons started beating Prabhu and Raghuveer with lathis, farsi, Jell etc. and injured them. At the spot, the occurrence was witnesses by Ranveer, son of Dilip Singh, Hanuman, son of Gangaram, Girvar Singh, son of Mukhram Singh, Bhima, son of Mukhram, Harinarain Gujar and Ramniwas, sons of Phoola Gujar. He was taking bath in Talviksha when the occurrence had taken place. He was told about this occurrence by Sugla Dhankar who told him that above named persons had beaten his brothers. He then straightway went to lodge the report.
(3.) After completion of investigation charge sheet was filed. Accused persons pleaded innocence.;