K.C. Sharma, J.-This criminal appeal under Section 374 Cr.P.C. arises out of the judgment and order dated

8.99 passed by the learned Additional Sessions Judge, Dausa, whereby he convicted the accused appellants under Sections 302/34 and 201 IPC and sentenced each of them to undergo imprisonment for life with a fine of Rs. 5 000/-each, in default thereof , each to further undergo rigorous imprisonment for six months on the first count, and to undergo rigorous imprisonment for 3 years with a fine of Rs. 2000/-, in default thereof , each to further undergo six months rigorous imprisonment on the second count.

2. Asper the prosecution case, PW5 complainant Munshi Singh, Sarpanch of Gram Panchayat, Bapi lodged a written report, Ex.P.6 on 2 5.97 at Police Station Shainthal to the effect that yesterday at about 11 AM, Mst. Rambeti W/O Patwari Banjara came to him and informed that her husband was missing since last Saturday. She informed that appellant Harbansh Banjara had taken away her husband. On enquiry, having found seriousness of the matter, called Indraraj, younger brother of Patwari, who on enquiry admitted in the presence of villagers that he has murdered Patwari by striki