1. - Three accused persons namely, Rampal Das, Sheoji and Dashrath were tried for offences under sections 302, 302/34, 201 and 379 IPC. The learned Sessions Judge, Tonk, by his judgment dated October 16, 1980, acquitted Rampal Das and Dashrath of all the charges but convicted Sheoji under section 302 and awarded a sentence of imprisonment for life and also under section 379 IPC and sentenced to six months rigorous imprisonment.

2. Sheoji has filed this appeal challenging his conviction and sentence under the aforesaid offences.

3. Shortly stated the prosecution case was that Lali a girl of about 6 years of age was living with her father Kalyan PW 1 at village Kurad. On April 5, 1980, Lali was playing outside her house in the night when some 'Jagran' was going on in the village. The accused Sheoji gave a temptation of giving some sweets to Lali and took her to his house which was situated in the neighbourhood. Thereafter, the accused Sheoji and his brother Dashrath took out khungali (a silver ornament) from the neck of Lali and when Dashrath told that Lali would tell this fact to her parents, as such she should be killed, both Sheoji and Dashrath killed Lali and as they did n