MEWA RAM & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both the appellants herein are convicted by the Trial Court for the offence under Section 302 read with Section 34 of the Indian Penal Code (for short, "I.P.C.") and given life imprisonment.

(2.) F.I.R N0. 51 dated 07.05.1995 was lodged in this behalf by one Shri Harbans Singh, who appeared as P.W. 1 during trial. In this F.I.R. three persons were named, who were tried, namely, the two appellants-herein and one Hem Raj Sindhi. Since Hem Raj Sindhi died during the pendency of the trial, the case against him stood abated. The Trial Court, on the analysis of evidence produced before it, held that Mewa Ram (appellant No. 1) had fired the gun shot at Deputy Singh(deceased), as a result of which he died. Insofar as appellant No. 2 Mohan Lal is concerned, he is convicted for the same offence with the aid of Section 34 of the I.P.C, imputing common intention on his part along with appellant No. 1, namely common intention of both the appellants to kill Deputy Singh.

(3.) The High Court has upheld the conviction of both these appellants resulting in dismissal of the appeal that was filed by them against the conviction recorded by the Trial Court. The judgment of the High Court is impugned in these proceedings, questioning the validity thereof.