Judgment

RAY, J. :- This is an appeal by special leave from the judgment dated 6 May, 1968 of the High Court of Rajasthan convicting the appellants Devi Lal and Bihari under Section 302 read with Section 34 of the Indian Penal Code and sentencing them to imprisonment for life.

2. There were seven accused in the case. The accused were Devi Lal, Brijlal, Jagram, Bihari, Mukhtiar Singh, Bahadur and Nathu. The Sessions Court tried the accused for offences under Sections 148, 307/149 and 303/149 of the Indian Penal Code. The Sessions Court convicted Devi Lal, Jagram and Bihari under Section 302 read with Section 34 of the Indian Penal Code and sentenced each of them to imprisonment for life. The other accused were acquitted.

3. The State of Rajasthan preferred an appeal against the acquittal. The High Court dismissed the appeal of the State against accused Brijlal and Nathu and admitted the appeal as against the other accused.

4. The High Court maintained the conviction of the appellants Devi Lal and Bihari under Section 302 read with Section 34 of the Indian Penal Code and their sentence to imprisonment for life. The conviction of Jagram under Section 302/34 of the Indian Penal Code senten