JUDGMENT

M.Y. Eqbal, J.

1. The present appeal by special leave arises out of the judgment and order dated 8th May, 2008 of the High Court of Judicature for Rajasthan at Jodhpur in D.B. Criminal Appeal No. 239 of 2002 whereby the appeal of the appellants herein was dismissed upholding the judgment and order dated 23rd January, 2002 of the Additional Sessions Judge in Sessions Case No. 16 of 2001 whereby the appellants were convicted under Section 302/34 IPC and sentenced to imprisonment for life and a fine of rupees one thousand each and in default in payment of fine to further undergo rigorous imprisonment for one month each in addition.

2. During the pendency of this appeal, appellant No.2 Kalla Singh was granted bail by this Court on 3rd February, 2010.

3. The case of the prosecution in brief is that complainant Baltej Singh (PW-1) submitted a written report on 7th February, 2001 (Ex.P/1) in the police station Sadulshahar upon which FIR (Ex. P/17) was drawn and a case under Section 307, 341, 323/34 was registered. It is alleged in the said report Ex.P/1 that to pass time the villagers and complainant and his family members used to sit near the fire during the time of winter and