FAROOQ HASAN, J.

( 1 ) APPELLANTS, Karam Singh and Sawai Singh, we convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and a fine of Rs. 500/- in default of payment of fine to further undergo three months R. I. by the learned Additional Sessions Judge, Beawar by his judgment dated March 8, 1988. They have come up in appeal and challenge their conviction.

( 2 ) BRIEFLY stated the prosecution case is that on a report lodged by Kishan Singh (P. W. 2) at police station Sadar Beawar on 17-8-1987 for an incident of the very day a case was registered for an offence under Section 307 of the Indian Penal Code, against the accused persons including the appellants It was alleged report, that at 9. 30 p. m. on 17-8-87, informant-Kishan Singh went to the house oft his uncle, Jetha Singh, on hearing hue and cry and there found that Jetha Singh, and his son Shrwan Singh were being belaboured by the appellants Amar Singh, Pukhraj and Mahendra Singh were named as eyewitnesses of the incident. After the death of injured, Shrwan Singh dated on 20-8-87 the case was converted for the offence under Section 302 of the Indian Penal Code. After usual invest