1. - The appellants Ramdan and Sumar have been convicted Under Section 307/34, Indian Penal Code, and have been sentenced to five years' rigorous imprisonment and a fine of Rs. 200/-, in default of payment of fine, to undergo further rigorous imprisonment for one month. They have also been convicted Under Section 353, Indian Penal Code, and have been sentenced to six months' rigorous imprisonment by the learned Sessions Judge, Jodhpur, by his judgment dated 24th January, 1974. Their sentences have been ordered to run concurrently.

2. The prosecution case, in brief, is that on 30th of April, 1970, head constable Jangbahadur along with his party proceeded for patrolling. At about 6, p.m, they observed the foot prints of four camels having entered into Indian Border from towards Pakistan Border on pillar No. 783. The foot prints were followed by the party. Constable Thakurram was sent to the out-post Sundra to give information regarding the track There upon, Thakurram reached Sundra out-post at about 6.00, a.m. on 1-5-1970. Lakhiram along with his party also started at about 7.00, a.m., on 1-5-1970 to follow the tracks and they reigned the village Satto and the other pany met