1. Asthis DB Cr. Death Reference besides DB Cr. Jail Appeal No. 20 1/95 “Mam Raj vs. State of Rajasthan”, DB Cr. Appeal No. 169/95 “Mamraj v State of Rajasthan”, and DB Cr. Appeal No. 146/95 “Rameshwar vs. State of Rajasthan” arise out of the Judgment dated 20-2-1995, passed by the learned Additional Sessions Judge, Kotputali, in Sessions Case No. 55/93 and DB Cr. Misc. Petition No. 45 3/95 “Mamraj vs. State of Rajasthan” has been filed during the pendency of this reference, all these matters are being disposed of together by this Judgment .

2. Thefour respondents of this death reference namely; Mamraj and Jairam sons of Bhagwana, residents of village Naurangpura, Rameshwar son of Gheesa, resident of village Kuhara and Bharta son of Sohanlal, resident of village Khatoti were prosecuted in case FIR No. 326/93 under Sections 302, 307 and 460, I.P.C. of Police Station, Kotputali in the Court of the learned Additional Sessions Judge, Kotputali, with the prosecution story, in short, being as under: 3 Hansraj and his elder brother Gheesa sons of Dhonkal were residing in adjoining houses in village Banka Police Station, Kotputali. Hansraj was married to Mahadi, the sister of Surj