- (1.) Heard learned Amicus Curiae for the accused-appellants as well as learned Public Prosecutor for the State.
(2.) This appeal under Section 374(2) Cr.P.C. has been preferred by the accused-appellants questioning the correctness of the judgment and order dated 10th February, 2006 passed by learned Sessions Judge, Jaipur District, Jaipur in Sessions Case No. 8/2005 State Vs. Nand Kishore Gurjar @ Tammi and Another, whereby the learned Trial Court convicted the accused-appellant namely Nand Kishore Gurjar @ Tammi and Rakesh Gurjar @ Pappu both sons of late Shri Bhagwan Sahai Gurjar for the offence punishable under Sections 302 and 302/34 IPC respectively and sentenced each of the accused-appellant to life imprisonment along with fine of Rs. 100/-(Rupees One Hundred) each; in default of payment of fine to further undergo one month's rigorous imprisonment.
(3.) In brief the facts of the case are that on dated 15.11.2004, complainant Devaram S/o. Shri Jai Narain Gurjar, Resident of Gurjar Ki Talai, Sanganer, Jaipur(P.W. 1) submitted a written report(Exhibit P-1) at 2.40 A.M. at Police Station Sanganer, Jaipur City(South), which reads as under: "xxx xxx xxx";