Judgment

R.F. Nariman, J.

1. This is an appeal by four persons who have been convicted and sentenced under Section 302 read with 149 IPC, each of whom are to suffer life imprisonment and fine of Rs.500/-together with various other lesser offences all of which were ordered to run concurrently. Two persons Kamal Kumar and Om Prakash lost their lives in an incident which took place on 11th November, 1999. 11 persons were charge-sheeted, one of whom, Shiv Lal, died during trial. The learned Additional Sessions Judge (Fast Track) No. 2 Jhunjhunu convicted the other 10 accused of the murder of Kamal Kumar and Om Prakash and sentenced all of them to life imprisonment. In the judgment impugned in this appeal, six persons were acquitted as they were not named by the star witness Radhey Shyam – PW.3 in the pancha bayan. 4 persons, namely, Badru Ram, Sita Ram, Ramavtar and Lakshman were, however, found guilty by the High Court and were sentenced under Section 302 IPC to life imprisonment.

2. Heard Mr. Vidya Dhar Gaur and Mr. G.S. Mani, learned Amicus Curiae for the appellants and Mr. Shovan Mishra, learned counsel for the State.

3. The complainant Radhey Shyam – PW.3, made a complaint on 12th Nov