[Criminal Appeal No.566 of 2008]. This appeal by Special Leave challenges the judgment and order dated 22.08.2007 passed by the High Court of Judicature for Rajasthan at Jodhpur in DB Criminal Jail Appeal No. 27 of 2003 acquitting the Respondent herein of the offence punishable under Section 302 read with Section 34 of IPC. Initially six Persons were alleged to have committed offences punishable under Sections 147, 341, 149, 364, 302 , 201 read with Section 120B of IPC. One of them named Chatra Ram was granted pardon and was examined as PW1 in the trial. Out of five accused who faced the trial, Bhanwru Ram and Mohan Ram were acquitted by the Trial Court. It convicted Hapu Ram and Surja Ram for the offences under Sections 341, 364, 302 IPC read with 120B IPC, while the other accused named Raju Ram was convicted under Section 302 read with Section 34 of IPC. In the appeals preferred by convicted accused, the High Court affirmed the conviction and sentence of Hapu Ram under Section 302 of IPC while acquitting him of the other charges.
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