The trial companyrt placed reliance on the three eye witnesses and recorded companyviction and imposed sentence as aforesaid.
The High Court accepted the stand of the State and recored the companyviction as afore numbered.
They were also companyvicted of some minor offences.
One of the accused persons was acquitted by the trial companyrt and seven persons were companyvicted in terms of Section 302 read with Sections 149 and 148 of the Indian Penal Code, 1860 in short IPC .
The prosecution version primarily rested on the evidence of three eye witnesses.
The report was purportedly lodged on 11.11.1993 at about 10.50 a.m. The Elaqa Magistrate received it on 16.11.1993.
Eight persons faced trial for allegedly companymitting murder of one Gyan Chand hereinafter referred to as the deceased on 11.11.1993 which happened to be on the election day for the one Assembly election companystituency.
One of them was the mother of the deceased and the other two were the injured witness.
According to them the deceased and two purported eye witnesses were causing disturbance on the polling day and therefore the members of the public were agitated and in the process they may have been beaten but because of political rivalry the accused persons were falsely implicated.
By the impugned judgment three of the appellants before the High Court were acquitted.
During the pendency of the appeal before the High Court, one of the accused 2 appellants died.
The accused persons pleaded innocence.
He was sentenced to undergo imprisonment for the period of custody already undergone.
Dr.ARIJIT PASAYAT,J. Challenge in this appeal is to the judgment of a Division Bench of the Rajasthan High Court, Jaipur Bench holding the appellant guilty of offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 in short IPC .
