JUDGMENT

Dr. Arijit Pasayat, J. —

1. Challenge in this appeal is to the judgment of Rajasthan High Court, Jodhpur Bench upholding the conviction of the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’). The accused alongwith four others faced trial. While the accused faced trial for alleged commission of offences punishable under Sections 302 and 341 IPC, others faced trial for offence punishable under Sections 323 and 341 IPC.

2. The learned Special Judge SC/ST Act Cases, Jodhpur, held the appellant guilty of offence punishable under Sections 302 and 341 IPC. We are not concerned with the conviction and sentence in respect of other accused persons.

3. Prosecution version in a nutshell is as follows:

At 8.00 p.m. on 5.12.1996 in the city of Jodhpur P. Mukesh (PW-6) with his uncle Chetan Prakash (PW-7) as also his father Kaluram (since deceased) went to Railway Stadium on bicycles to bring waste meals discarded by the marriage party for their pigs. At about 10.15 p.m. they were coming back from the Railway Stadium in two bicycles collecting the waste meals near S.P.S. School. By the side of the road, five persons were standing wit