JUDGMENT :

Farjand Ali, J.

1. The instant appeal has been filed under Section 374(2) of Cr.P.C. against the judgment of conviction and order of sentence dated 31.01.1986 passed by learned District & Sessions Judge, Bikaner in Sessions Case No. 32/1985 whereby the appellants were found guilty for the offence under Section 302 I.P.C. read with Section 34 I.P.C. and they were sentenced to suffer life imprisonment and a fine of Rs.50/-(Fifty); in default of payment of fine, they were to further undergo one month rigorous imprisonment. During the course of appeal, out of the four appellants, appellant No.2-Deepa Ram and appellant No. 4-Heera Ram had passed away. Therefore, the appeal to their extent had been abated by this Court vide orders dated 18.05.1999 and 10.01.2000.

2. The appeal of both the appellants, Bhanwara Ram and Babu Ram, was allowed partly by this Court vide judgment dated 24.09.2007 by setting aside their conviction under Sections 302 & 34 I.P.C. and both were convicted under Sections 325 & 34 of I.P.C. and sentenced to the period already undergone by them.

3. The judgment dated 24.09.2007 came to be assailed by the State of Rajasthan before Hon’ble the Supreme Court by way