( 1 ) THE appellants (appellant No. 1 now deceased) have filed this appeal challenging the judgment and order of conviction dated 27th June, 1991 passed by the learned Addl. Sessions Judge, Ahmedabad, Court No. 16 holding the appellants guilty of offence punishable under Sec. 302 read with Sec. 34 of the Indian penal Code and sentenced each of them to suffer rigorous imprisonment for life and fine of Rs. 500. 00 in default rigorous imprisonment for two months.

( 2 ) PRECISELY stated, the case of the prosecution is as under : the appellants ("accused" for short) had deposited Rs. 75,000. 00 with the deceased. The said amount was not paid back despite repeated demands. In the evening of 9th July, 1990, accused had gone to the residence of the deceased hareshbhai and pressed the demand for the said amount. As the deceased denied to pay the same, accused No. 1 caught hold of the deceased and accused No. 2 inflicted knife blows. Deceased fell down. By that time, some of the neighbours of the deceased rushed to the scene of offence. One of them telephoned to Navrangpura police Station where one Rupaji Ramaji, PW 10, was on duty as Police Station officer received the telepho