(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:
(3.) After completion of investigation charge sheet was filed. Accused persons pleaded innocence.