1. - Both the above revision as well as appeal arise out of the same order passed by learned Sessions Judge, Tonk, date June 9, 1981 as such the same are disposed of by one single order.

2. On a report lodged On January 29, 1981 (Ex. P6) by Mohammad Islam (deceased) the police registered a case under Section 107/116 Cr.P.C. Thereafter on the same night PW. Faquir Mohammad lodged the report Ex. P. 1 on which a case was registered under Section 302/34 Indian Penal Code as Mohammad Islam who had lodged Ex. P. 6, had died. After investigation the police filed a charge sheet against Mohammad Rafiq, Mohammad Sandiq, Mohammad Rasheed under Section 302/34 Indian Penal Code in the Court of Chief Judicial Magistrate, Tonk. The learned Chief Judicial Magistrate committed the case for trial to the Court of Sessions Judge Tonk. The learned Sessions Judge framed charge against all the accused persons under Section 102 read with Section 34 IPC. The accused persons denied the charge and claimed to be tried. The learned Sessions Judge after recording the prosecution evidence examined the accused persons under Section 394 Cr.P.C. The learned Sessions Judge after hearing the arguments convict