Judgment

B.P. Singh, J.—We have heard counsel for the parties.

The respondent Jora Ram along with Mohan Ram and Durga Ram was put up for trial charged of the offences under Sections 302, 324 and 323 read with 34 I.P.C. The trial court by its judgment and order of 2nd December, 1997 found the respondent as well as the other accused guilty of the offences under Sections 302, 324 and 323 read with 34 I.P.C. They were sentenced to undergo life imprisonment under Section 302 read with 34 I.P.C., one year’s rigorous imprisonment under Section 324/34 I.P.C. and 6 months rigorous imprisonment under Section 323/34 I.P.C., apart from fines imposed.

2. On appeal preferred by the accused, the High Court by its impugned judgment of 11th November, 1998 partly allowed the appeal inasmuch as Mohan Ram and Durga Ram were acquitted of the charges levelled against them. The respondent herein was found guilty of the offence punishable under Section 304 Part II I.P.C. and since he had already served out the sentence of 5 years and 10 months, he was sentenced to the period already undergone.

3. The State of Rajasthan preferred petition for special leave before this Court against the judgment and order of th