SUCHA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE learned Counsel for the appellants in this case has only challenged the nature to the offence which the accused appellants have been convicted. He does not dispute the prosecution story but urges that the appellant Sucha Singh could not have been convicted Under Section 302, IPC but should have been convicted Under Section 304, Part -II, PC and two other appellants Ajaib Singh and Bakar Singh could not have been convicted Under Section 302 read with 34, IPC and should have been convicted only Under Section 324, IPC.

(2.) KEEPING this short contention in view, we have heard the learned conusel for the appellants and the learned Public Prosecutor and have gone through the record.

(3.) ON the above premises, the question posed before us is whether the conviction of the appellant Sucha Singh Under Section 302 and convictions of Ajaib Singh and Bakar Singh Under Section 302 read with 34, IPC are proper or they can be held guilty only of the lesser offences as urged by the learned Counsel for the appellants.