JUDGMENT

Madan B. Lokur, J.

1. Leave granted in S.L.P. (Crl.) No.5240 of 2004.

2. The question for our consideration is whether there is any evidence that would warrant setting aside the conviction of the appellants by the Trial Court and affirmed by the High Court. In our opinion, the answer is in the negative and we uphold the conviction of the appellants for an offence punishable under Section 302 of the Indian Penal Code read with Section 34 thereof.

The facts:

3. On 20th May, 1995 at about 7.15 p.m. Tara Chand, Station House Officer in Police Station Nokha, District Bikaner in Rajasthan received a cryptic telephonic message. The message was from an unknown person and was to the effect that in Ward No.2 in village Nokha, Ram Pratap and Sohan Lal (PW-4) who are real brothers were involved in a fight. Several others had joined in and firearms, lathis, barchis and other weapons were used in the fight. It was also informed that two persons had died in the incident.

4. Tara Chand reduced the information in writing in a roznamcha and then reached the place of occurrence along with some other police officers.

5. At the place of occurrence, Sohan Lal gave a parcha bayan to Tara Chand at abou