1. - This appeal is directed against the judgment dated 2.12.1996 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act, Jodhpur in Sessions Case No. 12/96 convicting the accused appellant of offence under Section 302 Indian Penal Code and sentenced him to imprisonment for life and to pay a fine of Rs. 500/-, indefault of payment to further undergo three months R.I. He has also been convicted of offence under Section 324 Indian Penal Code and sentenced to imprisonment for two years and to pay fine of Rs. 500/-, in default of payment to further undergo 3 months R.I. Both the sentences have been ordered to run concurrently.

2. The prosecution case briefly stated is as follows:

On 26th November. 1995 PW/14 Shaitan Singh A.S.I. Mahamandir, Jodhpur on receiving a telephonic information reached at M.G. Hospital, Jodhpur. On enquiry PW/5 Kishan Lal stated that at about 8.45 P.M., while he was at his residence, some children came running to his house from the 'Garbha' and informed that the accused Bablu, Ayub and Rajesh Harijan have attacked on Raju @ Gungia by Knife. On receiving this information, he rushed to the 'Gangabai' temple. He found some blood spread on