( 1 ) THIS appeal is directed against the judgment of the Division Bench of the rajasthan High Court in dismissing the criminal appeal filed by the appellant-accused and in maintaining conviction and sentence under section 302 read with Section 34 and Section 307 read with Section 149 along with some other offences. It is not necessary for us to traverse the entire gamut of the prosecution case. Suffice it to say that the conviction of these appellants was based on the evidence of eyewitnesses PWs 5, 6, 7, 8 and 9 as well as injured PW 1. The learned Sessions Judge discussed the evidence of these witnesses and believing them, came to the conclusion that the prosecution case has been proved beyond reasonable doubt. In appeal, the high Court, however, without discussing the evidence on which the learned sessions Judge relied upon merely stated that a careful consideration of the prosecution evidence and reasons given by the District and Sessions Judge was sufficient to affirm the conviction and sentence awarded by the learned sessions Judge. In our considered opinion, the High Court failed to exercise his jurisdiction vested in law in not discussing the evidence and not coming to his