JUDGMENT (Dr. ARIJIT PASAYAT, J.)

1. Heard learned counsel for the parties.

2. Leave granted.

3. Challenge in this appeal is to the judgment of a Division Bench of the Rajasthan High Court, Jaipur Bench, upholding conviction recorded by learned Additional Sessions Judge No.2, Fast Track Court, for offences punishable under Sections 302, 307, 324, 148, 452 and Section 323 read with Section 149 of the Indian Penal Code, 1860 (in short the `IPC). In all, five persons faced trial. The appeal filed by four others was allowed and conviction in respect of each one of them was set aside. They were convicted in terms of Section 302 read with 149 IPC, 307 read with 149, 324/149, 148/452 and 323 IPC. The appellant was sentenced to imprisonment for life and to pay a fine with default stipulations and to suffer 10 years, 1 year, 2 years and 6 months imprisonment in respect of other offences.

4. Background facts giving rise to the trial are as follows:

Informant-Suresh Kumar (PW-10) submitted a written report (Ex.P-5) at Police Station Mahaveer Nagar, Kota, on 8.4.2001 at about 3.00 a.m. stating that his house is situated at Keshave Nagar, Kota, and Babu Lal Nai was also residing in front of his