( 1 ) THE appellants who were accused Nos. 1 2 and 3 in the trial Court were convicted by the learned Sessions Judge Kutch for the offences under section 325 read with section 34 of the Indian Penal Code and each has been sentenced to suffer rigorous imprisonment for two years. The charge against the three appellants was one under section 302 read with section 34 of the I. P. C. The prosecution case was that on or about 21-9-1959 at about 3-30 A. M. in the village Vekara Taluka Rahpar District Kutch in furtherance of their common intention the accused committed the murder of one Charan Rana Mulu. The deceased Rana was a resident of the village Vekara. His brothers Desar and Samat also resided in the same village. The three accused are brothers. The prosecution case is that they resided at the village Somani-Wandh which is about half a mile from the village Vekara. On the night of 21-9-1959. some crops were standing in the field of the three accused. The prosecution case is that they had gone there for watching the crop in the field. On that night Rana Mulu went to the ridge of that field for grazing his cattle thereon. The prosecution case is that there was a custo