Judgment

OZA, J. :- These two appeals arise out of the conviction of these two appellants along with one another under Section 302 read with Section 34 and sentenced to imprisonment for life and fine of Rs. 100/- each in Sessions Case No. 39/75 by Sessions Judge, Jhunjhnu dated 29th January 1977. Along with these two appellants Chandan and Om Prakash one Babulal son of Onkar Mal was also convicted but we have no appeal before us on behalf of Babulal.

2. The prosecution case was that Smt. Dhaka widow of Shri Hanuman Prasad and mother of Shri Gyarsi Lal was living all alone in her house (Haveli) at Ward No. 1, Khetadi. In the morning of 23rd August, 1975 a person engaged for grazing the goats in jungle went to Smt. Dhakas house for taking her goats for grazing and called Smt. Dhaka but he did not get any response. P.W. 2 Smt. Banarsi who was living in the vicinity came on the spot and along with the Goatman went inside the Haveli. They found goods scattered here and there and even when they loudly called Smt. Dhaka they did not hear any reply. P.W. 1 Matadeen who was feeding pigeons nearby was informed by Smt. Banarsi that Smt. Dhaka normally used to getup early but it appears that she