G. L. GUPTA, J.

( 1 ) THROUGH this appeal, appellants Ganga and Khemla have challenged their conviction under Section 302 read with S. 34 IPC and sentence of imprisonment for life and a fine of Rs. 1,000/- recorded by the learned Sessions Judge, Balotra vide judgment dated 6-3-81.

( 2 ) THE case relates to an occurrence which took place in village Meethra in which Kamal Singh was assaulted and as a result of the injuries he died immediately after the occurrence. The F. I. R. Ex. P-16a was lodged by Jethmal Singh, P. W. 9, father of the deceased, on 16-4-80 at 1. 30 a. m. in which it was stated that on 15-4-80 Kamal Singh and Hem Singh had gone to fetch water and at about sun set Hem Singh came to him weeping and informed him that Ganga Singh alias Magsingh and Khemla were beating Kamal Singh and Dan Singh. On this information he collected Pursingh, Mool Singh and Chandan Singh and rushed to the spot where he found Kamal Singh lying. His head and right leg were bleeding. Kamal Singh told them that Ganga and Khemla had given beatings to him and he wanted to drink water. As he went to fetch water Kamal Singh died. It was also stated in the F. I. R. that some 7-8 months back