Honble PASAYAT, J.–Challenge in this appeal is to the judgment of a Division Bench of the Rajasthan High Court directing acquittal of the respondent. Respondent alongwith two others faced trial for alleged commission of offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC). The respondent in addition was also convicted for offence punishable under Section 326 read with Section 34 IPC and Section 324 read with Section 34 IPC. Life sentence of two years rigorous imprisonment and six months rigorous imprisonment were respectively imposed alongwith fine with default stipulation.

(2). The learned Additional Sessions Judge, Bansabara convicted all the three accused persons but two other accused did not prefer any appeal while the respondent preferred an appeal against his conviction and sentence imposed. In appeal, High Court set aside conviction and directed acquittal.

(3). Background facts in a nutshell are as follows:

On 8.6.1988 Thanu (hereinafter referred to as deceased) along with three accused persons in the night, went to well of accused-respondent Wakteng in order to capture tribals stealing away forest wood. They also drank m

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