1. :- This appeal has been preferred by the accused-appellants namely, Sukh Dev, Jai Prakash and Pyare Lal challenging the judgment of conviction and sentence dated 26.2.1996 passed by learned Session Judge, Jhunjhunu, whereby, he has convicted the accused appellants under Section 302/34 of the Indian Penal Code and sentenced each of them to undergo life imprisonment.

2. Briefly stated the contextual facts of the case are that on 26.10.1994 at 8.15 P.M. PW-11 Shiv Kumar, Assistant Sub-Inspector, Police Station, Khetri received a telephonic message informing that Pawan Kumar @ Banti is lying unconscious, near petrol pump due to injuries caused by 4-5 persons. The person did not disclose his identity and disconnected the telephone. PW-11 Shiv Kumar recorded this information in "Rojnamcha" as Ex.P.24 and proceeded to the place of occurrence alongwith S.H.O., Bhisham Raj Arya, PW-13 and other police personnel. They found the dead body of one youth lying near the Cabin of petrol pump. PW-13 Bhisham Raj Arya received an information from Police Station that Bharat Kumar. the brother of deceased Banti alongwith the report is present at the police station. He directed to register th