[Criminal Appeal No.126 of 2010]. These appeals are directed against the judgment and order dated 11th November, 2008 passed by the High Court of Judicature for Rajasthan at Jodhpur. Criminal Appeal No.126 of 2010 has been filed by the State of Rajasthan challenging the refusal of the High Court to uphold the conviction of Daud Khan for an offence punishable under Section 302 of the Indian Penal Code (for short the IPC). Criminal Appeal No. 351 of 2010 is filed by Daud Khan challenging his conviction for an offence punishable under the first part of Section 304 of the IPC. The broad facts leading to the decision of the High Court are that on 19th June, 2004 at about 9.30 p.m. Nand Singh had gone to Bathra Telecom & Restaurant at Nimbahera, District Pratapgarh in Rajasthan. He was accompanied by his friends Nitin Sindhi (accused No.3) and Narendra Kumawat. While they were seated in the restaurant, Javed Beg (accused No.2) and Daud Khan (accused No.1) came there on a motor cycle.
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