Honble YADAV, J.–The present Jail Appeal has been preferred by accused-appellant Thavra through Superintendent, Central Jail, Udaipur against the impugned judgment dated 16.4.96 passed by learned Additional Sessions Judge No.1, Udaipur whereby he convicted accused-appellant Thavra for the offence under Sec.302 IPC and sentenced him for life imprisonment. Accused Bakshi and Dheera were convicted under Sec.323 IPC and sentenced to one year rigorous imprisonment whereas Kantilal arrayed as accused No.4 in the aforesaid Sessions Case No. 17/1994 was acquitted.

(2). It is noticed that Bakshi and Dheera who were arrayed as accused Nos. 1 and 3 in the aforesaid Sessions Case and were convicted for the offence under Section 323 IPC to one years rigorous imprisonment have not filed any appeal before this Court.

(3). The prosecution story as disclosed in the FIR Ex. P/8 registered under Sections 341, 323, 324 read with Sec.34 IPC on the oral statement of Shanti Lal (PW 5) at police station Pahara Dist. Udaipur on 12.3.92 at 12.30 PM was that first infor- mant above named along with deceased Babulal and Kauwa (PW 6) on 11.3.92 after sun-set proceeded from village Bavalwada on foot to their vill

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