JUDGMENT

G.K. Sharma, J. - This appeal is directed against the judgment dated 1&t Feb., 1980, passed by the Sessions Judge, Ajmer, convicting the accused appellant under section 307, IPC and sentencing him to 3 years' rigorous imprisonment and a fine of Rs 500/-, and in default of payment of fine, to further undergo I month's rigorous imprisonment. The appellant has also been convicted under section 324, I.P.C. and sentenced to 3 months' rigorous imprisonment and fine of Rs. 25/-, and in default of payment of fine, to further undergo 15 days' rigorous imprisonment; and under section 323, I.P.C., to 1 month's simple imprisonment. All the substantive sentences were, however, ordered to run concurrently.

2. According to the prosecution story, Parmanand used to carry business of selling utensils. Some 3-4 days prior to 30th Sept. 1978, accused Khattan had come to Parmanand to purchase some utensils, on credit. Parmanand refused to sell it on credit, which irritated Khattan, who became angry. Thereafter, on the night of 30th Sept., 1978 at about 9-9.15 O'clock Parmanand and Heera were going together through Mala Bazar towards the house of Parmanand. In the way, near the shop of a goldsm