ABDUL WAHID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This judgment and order will dispose of Criminal Appeal Nos. 722 and 1266 of 2012.

(2.) Criminal Appeal No. 722 of 2012 arises out of SLP(Crl.) No. 1764 of 2012 filed by Abdul Wahid and Babu (appellants herein). In this appeal, challenge has been made to the judgment and order dtd. 26/8/2011 passed by the High Court of Judicature for Rajasthan at Jaipur Bench (for short 'High Court' hereinafter) in D.B. Criminal Appeal No. 639 of 2003 whereby the High Court has upheld the judgment and order dtd. 10/3/2003 passed by the learned Additional Sessions Judge No. 4, Kota ('trial court' for short) in Sessions Case No. 13/1996 convicting the appellants under Ss. 302/148 of the Indian Penal Code, 1860 (IPC). However, the High Court modified the conviction by holding the accused guilty of the offence punishable under Sec. 302 with the aid of Sec. 149 IPC while maintaining the sentence of life imprisonment.

(3.) Since Criminal Appeal No. 722 of 2012 was argued as the lead appeal, facts narrated therein are referred to hereunder, though both the appeals arise out of the same incident and the same judgment of the High Court.