B.R. Arora, J.-These two appeals arise out of the Judgment dated 3 0-5-96 passed by the District & Sessions Judge, Rajsamand, by which the learned Sessions Judge convicted the appellant for the offence Under Section 302, IPC and sentenced him to undergo imprisonment for life and a fine of Rs. 5000/-and in default of payment of fine further to undergo six months’ rigorous imprisonment. Since both these appeals arise out of the same Judgment -one preferred by the appellant through jail and the other is a represented one and relate to the same incident, therefore, they are being disposed of by this common Judgment .

2. Appellant Laxman, along with one Megha, was tried by the learned Sessions Judge, Rajsamand for committing the murder of his brother Bhima near the holy-place of Dana Baba situated in village Khekhadiya (district Rajsamand). The case of the prosecution was that in the morning of 26-11-95, PW 1 Dewa saw the deadbody of Bhima Bhil lying near Dana Baba holy place of worship. One Kulhari smeared with blood, one Agarbati packet and a match-box were, also, lying by the side of the deadbody of Bhima. He returned to his house and informed Panna Meghwal and Kalu Meghwal.