1. - The appellants Ahamed Ali Khan and Rahamat Ali have been convicted of the offence under Section 302/34, Indian Penal Code and have been sentenced to imprisonment for life by the Additional Sessions Judge, Churu by his judgment dated December 23, 1974.

2. The prosecution case in brief is that Sadulekhan PW 8 and Mukkarab Khan are the real brothers, the deceased Nathu Khan was the son of Sadulekhand, accused Ahmed Ali and Nizam Ali are the son of Mukarab Khan. There was some dispute between Mukarab Khan on the one side and Rahamat Ali and Ahamed Ali on the other side in connection with passage of water through the water course. In that connection permission was obtained by Mahaboob Khan and he had put up a Nali which was removed by the accused persons. In that matter deceased Nathu Khan had supported Mahaboob Khan and as such the relations between the deceased and Ahamed Ali and Rehmat Ali had become stained. It is alleged that on 8-7-1974 Ahamed Ali and Nathu Khan were at Churu, Ahmed Ali was serving in the PWD as mistry and Nathu Khan was a labourer. They used to come from Bissau on cycles. Balu Khan PW 2 is the brother-in-law of the deceased Nathu Khan and is residing