JUDGMENT

V.S. Sirpurkar, J.—

1. This judgment will dispose of the Criminal Appeal No. 898 of 2004 filed by three appellants as also the Special Leave Petition filed by the State of Rajasthan against the acquittal of one of the accused who was convicted by the Trial Court but was acquitted by the High Court. The three accused persons, namely, original accused No. 1 Bheru Lal, original accused No.3, Kailash Chandra and original accused No. 5, Purushottam have come up before us challenging their conviction for various offences including offences under Sections 147, 148, 302 read with Section 149, Indian Penal Code (for short “IPC”), 436 read with Section 149, IPC and confirmed by the High Court. Originally, as many as seven accused persons were tried for all these offences. However, the Sessions Judge convicted in all five accused persons including the present three appellants and two others, namely, Girraj, original accused No. 6 and Gopal, original accused No.4. The High Court allowed the appeal of accused Girraj and acquitted him. It confirmed the conviction and sentence of the remaining four accused persons. In that, the Court convicted Bheru Lal for the offence under Section 302,