( 1 ) THIS appeal by Hem Raj and two others has been preferred against the judgment dated 24. 11. 92 and the order dated 26. 11,92 passed by an Additional, Sessions judge whereby all the three appellants have been convicted under Section 302 and 323 read with Section 34 Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 500. 00 each under Section 302/34 Indian Penal Code and to three months" rigorous imprisonment under Section 323/34 Indian Penal Code each. In default of payment of fine. each of them was to further undergo rigorous imprisonment for six months.

( 2 ) CASE of the prosecution, in brief, is that on 7. 11. 89 on receipt of copy of DD No. 27-A. AS1 Mange Ram Public Witness-26 reached B-4 Block. Sultanpuri. where Puran Public Witness-14 and Radha met him in injured condition and both of them w ere sent to hospital by him. On receipt of copy of yet another DD No. 28-A. Public Witness-26 reached RML hospital and collected MLC No. 108685/89 relating to Daulat Ram who was declared unfit for making statement. Lal Chand Public Witness-9. who claimed himself to be an eye-witness of the occurence, met Public Wit