JUDGMENT

B.P. Singh, J.-These appeals by special leave have been preferred by Chittarmal and Moti who have impugned the judgment and order of the High Court of Judicature for Rajasthan, Jaipur Bench, Jaipur in DB Crl. Appeal No.563 of 1997 and DB Cr. (Jail) Appeal No. 1 of 1998 dated 5th September, 2000. The High Court while acquitting the other accused of the charges levelled against them, found the appellants guilty of the offences punishable under sections 302 and 307 IPC. The appellants who had been sentenced to death by the trial court for committing the offence punishable under section 302 IPC, were sentenced to undergo rigorous imprisonment for life declining the death reference. The trial court had also sentenced the appellants to undergo five years rigorous imprisonment and to pay a fine of Rs. 2000/- for the offence punishable under section 307 IPC, in default of payment of fine, six months simple imprisonment, which was upheld by the High Court. The conviction of the appellants under section 148 IPC was, however, set aside.

2. The case of the prosecution is that on the night intervening 27th - 28th April, 1989 deceased Bhura and Ram Narain and Lal Chand, PW.1 were sleeping