1. - This appeal is directed against the judgment of the learned Additional Sessions Judge, Jalore dated 30-8-1976 whereby he has convicted the accused appellants under Sections 302, 392 and 201 read with Section 34 Indian Penal Code and sentenced under Section 302/34 Indian Penal Code to life imprisonment with a fine of Rs. 3000/- and in default of payment of fine to further undergo rigorous imprisonment for 6 months; under Section 392/34 Indian Penal Code to five years rigorous imprisonment with a fine of Rs. 2000/-and in default of payment of fine to further undergo imprisonment for 3 months and under Section 201/34 Indian Penal Code to 3 years rigorous imprisonment with a fine of Rs. 2000/- and in default of payment of fine to further undergo rigorous imprisonment for 3 months. All the substantive sentences shall run concurrently.

2. The facts giving rise to this case are that on 17-2-1976 at 8 P.M. Lachharam son of Samela by caste Rebari resident of village Todami informed Shri Mehboobkhan Sub Inspector of Police, Station Nosaran that one Rajiya s/o Ram with his elder brother went to graze the herd consisting of 220 goats as usual on 16-2-1976 morning in the border of