Judgement

KHANNA, J.:- Godhu (25) and Banwari (45) were convicted by learned Additional Sessions Judge Sri Ganganagar under Section 302, Indian Penal Code for causing the death of Gheru (30) and were sentenced to undergo imprisonment for life. Conviction was also recorded against Godhu under Section 25 (1) (a) of the Arms Act and against Banwari under Section 27 of that Act. Each of the two accused was sentenced for the offence under the Arms Act to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 100/- or in default to undergo imprisonment for a further period of one month. The sentences were ordered to run concurrently, Charge was also framed against the two accused for an offence under Section 364, Indian Penal Code but they were acquitted on that count. On appeal the Rajasthan High Court affirmed the judgment of the trial court. The two accused thereafter came up in appeal to this Court by special leave.

2. Godhu and Banwari accused are cousins, being sons of two sisters. The two accused and Gheru deceased belonged to village Jhamber in district Sri Gangangar. The prosecution case is that the relations of Banwari accused with Gheru deceased were s