JUDGMENT

Eight persons, namely, Basti Ram, Samander, Hanuman, Chunnilal, Dhyala, Harnath, Sultan and Godu Ram were prosecuted for offences under Ss. 302 and 201, IPC. They were tried by the learned Sessions Judge who convicted Basti Ram and Hanuman under S. 302, IPC and sentenced each one of them to suffer imprisonment for life. Samander and Dhyala were convicted for offence under S. 201, IPC and were sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 200/ - each and in default of payment of fine to undergo rigorous imprisonment for a further period of six months. The remaining four accused, namely, Harnath, Sultan, Godu Ram and Chunnilal were acquitted.

2. Basti Ram, Hanuman, Samander and Dhyala filed an appeal challenging their conviction and sentence while the State of Rajasthan filed an appeal against the S.302, IPC and Harnath, Sultan, Godu Ram and Chunnilal for their acquittal for this acquittal of Samander for the offence under offence under S. 201, IPC. The High Court vide judgment dated 12-5-1983, set aside the conviction of Basti Ram and Hanuman for an offence under S. 302, IPC. Hanuman was, however, convicted for an offence under S. 201, IP