1. - These are two appeals one by Sukdeo Singh and one by Balwant Singh arising out of common judgment of learned Additional Sessions Judge No.1, Hanumangarh dated 29.08.85, seeking to challenge their conviction for the offences under Section 302/34 IPC and sentence of life Imprisonment alongwith fine of Rs. 1000/- in default to undergo further three months rigorous imprisonment.In view of above, both these appeals are being decided by this common judgment.

2. The facts of this case, as projected by the prosecution are, that on 11.09.82 at 5 AM, Banta Singh (PW/2) lodged an oral report at Police Station, Hanumangarh Town (Ex.P/1), to the effect, that accused persons Sukhdeo Singh and his brother Kela habitually hurl abuses to him, while he stops them, therefore, they are annoyed. With this it is alleged, that on 10.09.82 at 1:30 in the noon, younger brother of the informant being Teja Singh came to the informant for some domestic work. That evening itself, wife of Teja Singh, Tej Kaur and Manga Singh were also sitting at his house. With this, it is alleged that at 9-10, accused Sukhdev Singh called the informant, whereupon he came out. Teja Singh also came with him. At that