V. S. DAVE, J.

( 1 ) THIS appeal is directed against the judgment of Additional Sessions Judge, Kishangarbhas (Alwar) dated 25/04/1989 in Sessions Case No. 49/1988, State v. Harim Ram and others convicting and sentencing the accused appellant is under: under S. 302, IPC life Imprisonment and a fine of Rs. 500. 00. in default of payment of fine to further undergo 6 months S. I. Under S. 307, IPC four years simple imprisonment and a fine of Rs. 250. 00 in default thereof 3 months simple imprisonment. Under Ss. 3/25 and 27 of Indian Arms Act one years simple imprisonment and a fine of Rs. 250. 00 in default thereof to further undergo 3 months S. I. All the sentences were made to run concurrently.

( 2 ) BRIEF facts giving rise to this appeal are that one Charan Singh Goojar, P. W. 1, lodged a report on 17/06/1988 at 8. 05 a. m. at police station Bhiwadi, District Alwar wherein it was alleged by him that in village Shanthal nearabout the Johad Ki Pal there is a Kudi (husk of mustard plants) for dumping cowdungs etc. Towards the way is Surjarams Bada for the same purposes and thereafter Hansarams Bada. Way passes through a pucca well of Nihalsingh and through Surjarams Bada. On