1. - This appeal is preferred against the judgment of Sessions Judge, Jhunjhunu dated 20-2-1986 by which he convicted appellant Rambehari under Section 302 Indian Penal Code and sentenced him to life imprisonment. He also convicted appellant Raju under Section 323 Indian Penal Code and released him on sentence already under gone by him.

2. Raghuvar Dayal lodged a written report at police station, Mandawa on 5-6-1985 alleging that at 8.30 p.m. he was in the market near the shop of Govind where son of Gujar Godani informed him that his brother Prahalad has been beaten by Rambehari, Raju and some other persons. Prahalad was lying unconscious. At this he came to the spot and found Prahalad lying unconscious and Manohar Lal and other family members were present there. He called Dr. Vishvanath Sharma who examined Prahalad and asked them that the matter was serious one so he should be taken to Government Dispensary. Prahalad was taken to Government Dispensary in car where Dr. Meghsingh examined him and he declared Prahalad dead., On. this report the police registered case under Section 302 Indian Penal Code and started investigation.

3. Bhagwan Singh PW 12 investigated the matter.