1. - This appeal is directed against the Judgment of the learned Additional Sessions Judge, Raisinghnagar dated 25-3-1987 were by the learned Judge has found the accused-petitioners Brijlal and Kishnaram guilty of the offence under Sections 304 Part II and 325/34 Indian Penal Code and has sentenced them to 7 years rigorous imprisonment together with a fine of L 500/- on the first count and 4 years rigorous imprisonment together with a fine of L 500/- on the second count. But these substantive sentences have been ordered to run concurrently.

2. The facts necessary to be noticed for the disposal of this appeal briefly stated are: that on 5-7-1984, Shri Birbalram resident of village Keepli Tehsil Anoopgarh went to Mandi Ramsinghpur for check up and treatment of his mother and father. In the evening, his mother and father were sent back on a camel cart and he started for his village on foot. In the way, he met accused-petitioners Brijlal and Kishnaram resident of village Keepli. They were armed with lathies. Thereafter, Mishrasingh Jatsikh's son came with a tractor. All three bearded that tractor and started for village Keepli. It is alleged that when they were only one Murabba