JUDGMENT :

BANUMATHI, J.

1. These appeals arise out of the judgment and order dated 18th August, 2008 passed by the High Court of Rajasthan at Jaipur, Jaipur Bench, in D.B.Crl. Appeal No.10/2005 and D.B.Crl.Appeal No.99/2005 in and by which the High Court affirmed the conviction of the appellants under Section 302 read with Section 34 I.P.C. and sentenced them to undergo imprisonment for life.

2. The case in a nutshell is as follows. On the complaint lodged by one Prem Shankar (PW-9) on 17th September, 1999 stating that at about 5.00 p.m.the deceased-Lakhan was busy in the main market Bayana in inspection work of safai Karamcharis of Municipal Council/Corporation. At that time Lakhan was surrounded by Susya @ Lokesh (A-4), Pintoo @ Kamal Kishore (A 1), Laddu @ Mool Chand (since acquitted), Dinesh (A-2), Kalua (A-5), Satish (A-3) (since Acquitted) and other persons who were armed with gun and weapons. Pintoo @ Kamal Kishore (A-1) and Kalua @ Koshal Kishore (A-5) opened fire in the air in order to create terror in the market. Susya @ Lokesh (A-4) fired at Lakhan from his katta (country made gun) which hit on the left side of the abdomen of Lakhan, and thereafter all the accused fled awa