JUDGMENT :-

Fakkir Mohamed Ibrahim Kalifulla, J.

1. This appeal, at the instance of the State of Rajasthan is directed against the judgment of the Division Bench of the High Court of Rajasthan, Jaipur Bench dated 08.02.2007 in D.B. Criminal Appeal No.977 of 2002.

2. By the impugned judgment, the Division Bench set aside the conviction and sentence imposed on the Respondents-accused by the trial Court in Sessions Case No.3/2001 (108/2000) vide judgment dated 10.07.2002. The trial Court found the Respondents-accused guilty of the offence under Section 302 read with 34, IPC for which they were sentenced to life imprisonment, apart from imposing a fine of Rs.500/-each and in default to undergo simple imprisonment for 15 days each. They were also convicted for the offence under Section 452 IPC and sentenced to 3 years rigorous imprisonment apart from fine of Rs.200/-each and in default to undergo simple imprisonment for 7 days each.

3. The case of the prosecution as projected before the trial Court was that on 12.03.2000, at around 9 p.m., the deceased Surender was conversing with his wife Choti (PW-1) and children Kumari Sarita (PW-3) and Vikram (PW-15) in their house. At that moment, t