JUDGMENT

Pattanaik, J.-This appeal by the four accused persons is under Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 against the judgment of the Division Bench of Rajasthan High Court in Criminal Appeal No. 299/84. By the impugned judgment, the High Court of Rajasthan set aside the order of acquittal, recorded by the Distt. & Sessions Judge, Bikaner and convicted the appellants under Section 302/34 and sentenced them to imprisonment for life.

2. The prosecution case in nutshell is that on 12.7.82 at about midnight, while the deceased was sleeping outside his house, accused Hariram, Harji, Sahiram and Mukhram being armed with axe, Barshi and lathis, assaulted the deceased, on account of which, the deceased sustained serious injuries and ultimately succumbed to those injuries. Brother of the deceased gave an oral report at the Police Station at 3.45 a.m., which was reduced to writing by PW 14 and treating the same to be FIR, he started investigation. It was alleged in the said FIR that earlier a dispute had arisen between the deceased and Hariram and in course of their dispute, deceased had given a blow to Hariram. Hariram then started putti