1. - Challenge in this appeal is to the judgment dated June 25, 2002 of the learned Additional Sessions Judge (Fast Track) No. 2, Kota whereby the appellant was convicted and sentenced under section 302 IPC to suffer imprisonment for life and fine of Rs. 2000;-, in default to further suffer rigorous imprisonment for two months.

2. It is the prosecution case that on October 30, 2001 informant Govind Prasad (Pw.10) submitted a written report (Ex.P-11) at Police Station Vigyan Nagar Kota to the effect that on the said day around 10.30 AM the informant, Mukesh and Mukut Bihari had gone to Bhamashah Mandi Kota for selling Soyabeen. In the Mandi they parked the tractor in front of Uttam Trading Company and proceeded to take food while Mukesh remained there. After taking food when they returned they saw Laxmi Narayan and Ram Gopal to alongwith three other persons surrounded Mukesh. Laxmi Narayan inflicted knife-blow on the chest of Mukesh, whereas Ram Gopal caught hold of his legs. Knife blow was also inflicted by another person on the waist of Mukesh. Mukesh was removed to hospital where he was declared dead. On that report a case under sections 147, 148, 149 and 302 IPC and inve