JUDGMENT

Rastogi, J.

1. This appeal has been filed against the judgment and order dated 4th February, 2008 passed by the High Court of Judicature of Rajasthan at Jaipur Bench confirming the conviction of the appellant for the offence punishable under Section 302 IPC passed by the learned trial Court under the impugned judgment dated 22nd November, 2002.

2. The brief facts as per the prosecution case are that on 28th July, 2001, at 9.15 p.m. informant Sunil Kumar Goyal(PW-13) submitted a written report(Exh. P-1) at Police Station Dug wherein it was stated that around 6.30 p.m., he was going along with his brother Yashwant and Paras Mal on motor cycle bearing no. R-J20 8M 9309 to their agricultural farm situated at village Doodhlai. Yashwant was on the driving seat, Paras Mal(PW-1) was in the middle and the informant Sunil Kumar Goyal(PW-13) was sitting on the rear seat. While they were returning back, the accused Kripal Singh along with Ramlal, Arjun Singh and Sultan Singh met them near the house of Dhoole Singh. All the four were armed with axe, lathi, dharia, sword and pharsa surrounded their motor cycle and exhorted to kill Yashwant. Informant Sunil Kumar Goyal(PW-13) and Paras Mal