1. - This order will dispose of two revision petitions. Revision Petition No. 29/2000 has been filed by Basant Kumar against the order dated 13-1-2000 passed by the learned Additional Sessions Judge, Sikar by which he has been charged under Section 302 read with 120-B and in the alternate for offence under Section 302 read with Section 34 Indian Penal Code while revision petition No. 60/2000 has been preferred by Banshi Dhar and Jagdish against the same order. Therefore, both of them were heard jointly.

2. Briefly stated the facts of the case are that on 11-6-1999 at about 12.00 to 12.30 hours, Shanti Prasad was assaulted by Ramesh Kumar, Khem Chand Mehla, Basant Kumar and Anjani Kumar over mounted on two motor cycles and in a jeep No. RJ-23-C-2824 accused Banshi Dhar; Mahesh Saini and his two son-in-laws were sitting and they were also holding weapons. It were Ramesh Kumar, Anjani Kumar, Basant Kumar and Khem Chand who jointly fired upon the deceased Banshi Dhar and liquidated him. They then chased the informant, his uncle Ram Niwas, Manoj Kumar Sharma son of Sagarmal and Manoj Kumar resident of Laxmangarh. This incident was witnessed by Hemant Kumar, Ram Niwas, Manoj Kuma