SHIV KUMAR SHARMA, J.

( 1 ) AS many as a 5 accused were indicted before the learned Sessions Judge Tonk in Sessions case No. 58/1997 for having committed murder of Hansa, learned trial Judge vide judgment dated April 27, 2000 convicted and sentenced the appellants Madan Lal and danmal for the offence under Section 302 read with 34, IPC to suffer Imprisonment for life and fine of Rs. 500/-, in default to further suffer six months imprisonment. Co-accused Bhanwar Lal, Ramdev and Babulal were however acquitted.

( 2 ) THE brief facts of the prosecution case necessary for the disposal of this appeal are that on May 28, 1997 around 7. 00 p. m. when Hansa (now deceased) had gone to ease himself out side the house just after taking food, five accused including the appellants belaboured him and inflicted knife-blows on his person which resulted in his death. Ramdev (PW-4), Babu Lal (PW-3) and Kalu ram (PW-7) were named as eye-witnesses of the occurrence by the informant Ram prakash (PW-1) who submitted written report with the Police Station, Aligarh, district Tonk at 10. 30 p. m. on the said day. A case under Sections 147, 148, 149 and 302, ipc was registered and investigation com