JUDGMENT

P.Sathasivam,J.

1) This appeal has been filed against the judgment and order dated30.04.2008 passed by the High Court of Judicature for Rajasthan at Jodhpurin Criminal Appeal No. 586 of 2004 whereby the Division Bench of the HighCourt dismissed the appeal with regard to the appellant herein while setting aside the conviction and sentence imposed upon rest of the two appellants therein by the Court of Sessions, Udaipur, vide order dated18.05.2004 in Session Case No. 96 of 2001 for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short’ the IPC’).

2) Brief facts

(a) As per the prosecution case, on 18.12.2000, at around 10:30 p.m.,Nizam (the complainant), Iqbal, Jamil and Moin were returning back to Khanji Peer, Udaipur on two scooters after having meals at Mulla Talai, Udaipur, in-laws’ house of Iqbal. At that time, when all four of themreached near the house of Ashfaq, all of a sudden, Shahjad and Mujaffar, sons of Ashfaq, came in front of their scooters and stopped them. On seeing them, Iqbal got down from the scooter and asked as to what is the matter? Immediately, Shahjad and Mujaffar shouted ‘Arshad fire’. On hearing the same,