JUDGMENT

Anil R. Dave, J. —

1) Being aggrieved by the Judgment delivered in Criminal Appeal No.935 of 2005 and in Criminal Appeal No. 798 of 2006 by the Rajasthan High Court, Criminal Appeal No.705/2008 and Criminal Appeal No.561 of 2008 have been filed respectively. The appellants in both the appeals have been convicted under the provisions of Section 302 of the Indian Penal Code to suffer imprisonment for life and a fine of Rs.1,000/-, in default 3 months’ simple imprisonment. As the appellants in both the afore-stated appeals were involved in the same offence, both the appeals were heard together and they are disposed of by this common judgment.

2) Facts giving rise to the appeals referred to above in a nutshell are as under:-

(a) Bhawani Singh (deceased) was an Income Tax Officer who was posted at Ajmer and was a member of a search party, function of which was to conduct raids on certain persons’ premises to find out whether the concerned persons had evaded payment of income-tax.

(b) In the evening of 22nd August, 2000, the deceased had left his residence for going to Ajmer Club with an intimation to his son Ajit Singh(P.W.11), that he would return by 10 p.m. As Bhawani Singh did