1. - Appellant Birbal faced trial before the Additional Sessions Judge, Neem Ka Thana, who by his judgment dated 12.95 has convicted him for the offence under Section 302 Indian Penal Code. and sentenced him to life imprisonment with a fine of Rs. 10.000/- and in default of payment of fine, to further undergo RI for six months.

2. The criminal justice machinery was set into motion on the basis of a written report Ex. P7 submitted by PW 5 Chhotu Ram, Head Master Government Secondary School, Guhala before PW 30 Ahmad Khan, HC I/C Police Out-post Guhala on 1.7.92 at 11.30 a.m. It was alleged in report Ex. P7 that on that day at about 9.30 a.m., he alongwith Om Prakash, Senior Teacher, Narend ra Sharma, Teacher, PW 10 jagdish Prasad Senior Teacher,PW 13Ghasi Ram Senior Teacher, Gajanand Teacher (deceased), appellant Birbal, Ex-Teacher and latter's cousin Amichand co-accused were having conversation in the record room attached to the examination hall. Appellant Birbal was repeatedly insisting that he should be taken on duty in the School, to which he (PW 5 Chhotu Ram) declined. It was further alleged that thereafter Chhotu Ram alongwith Om Prakash came outside leaving others in