Judgment :

Dr. Arijit Pasayat,J.

Challenge in this appeal is to the judgment of a Division Bench of the Rajasthan High Court, Jaipur Bench holding the appellant guilty of offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 ( in short IPC). Eight persons faced trial for allegedly committing murder of one Gyan Chand (hereinafter referred to as the deceased) on 11.11.1993 which happened to be on the election day for the one Assembly election constituency. One of the accused persons was acquitted by the trial court and seven persons were convicted in terms of Section 302 read with Sections 149 and 148 of the Indian Penal Code, 1860 ( in short IPC). They were also convicted of some minor offences. During the pendency of the appeal before the High Court, one of the accused- appellants died. By the impugned judgment three of the appellants before the High Court were acquitted. Two persons were convicted in terms of Section 302 read with Section 34 while in case of one accused, the conviction was altered to Sections 324 and 341 IPC. He was sentenced to undergo imprisonment for the period of custody already undergone.

The prosecution version primarily res