Judgment

SARKARIA, J.:- This is an appeal under Section 2 of the SC Enlargement of Criminal Appellate Jurisdiction Act, 1970. It is directed against an appellate judgment of the High Court of Rajasthan whereby the acquittal of the appellant was set aside and converted into a conviction under Section 302 read with Section 34. Penal Code. The facts are as follows:

2. Birdhichand deceased was a goldsmith. He had a shop in Purani Mandi, Ajmer. He used to reside in his house at Ajmer at some distance from his shop. He used to keep his cash and valuables in a safe in his shop. He had raised funds to start new business. He had received a loan of Rs. 5,000/- in instalments from the Rehabilitation Department. He had raised funds by selling some property, also.

3. Shivprasad another resident of Ajmar was a friend of the deceased. The appellant Phool chand is a resident of Kishangarh and is the brother of Shivprasads wife.

4. The prosecution case, as it emerges from the record, is that Phoolchand and Shivprasad hatched a conspiracy to murder Birdhichand with a view to take away cash and valuables from his shop.

5. On May 20, 1966, in the evening. Phoolchand and Shivprasad went to Shamlal, the Care