1. - This jail appeal by Mani Ram, Sajjan Singh and Prem Singh is directed against the judgment of the Additional Sessions Judge, Sri Ganganagar, dated 18th March, 1974, by which all the three appellants were convicted under Sections 307/34 and 394 read with Section 397, I.P.C. and each of them was sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 100/ in default of payment of fine to further suffer rigorous imprisonment for two months on the first count and on the second to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 100/-, in default of payment of fine to further suffer rigorous imprisonment for two months The substantive sentences of imprisonment on both the counts were ordered to run concurrently.

2. The prosecution case against the appellants was as follows: Sadhu Ram was an employee of Tirath Singh, mechanic, resident of Ganganagar. He used to drive Ambassador Car No. Rs. 1973 belonging to his employer Tirath Singh On August 24, 1972 at about 5 p. m. the three appellants along with Tarsem Singh, (who has been acquitted by the trial Judge of the charges framed against him) came to the shop of Tirath Singh and