1. - Praveen, the deceased in this case, in fact was not Praveen (clever). He was so simple that he could not identify his enemy, who came closer and closer to Praveen and became his ally. The boundless greed of ally appeared from his every look, every glance, every stance and every word. The thinking of ally was -

"If in this life There was no death. What then would be the charm In living, and in life?"
Name of ally was Ram Swaroop, who along with one Suresh Kumawat, was indicted before the learned Additional Sessions Judge (Fast Track) No. 1, Ajmer for having committed murder of Praveen and both Ram Swaroop and Suresh Kumawat (appellants herein) were convicted and sentenced as under :

U/s. 302 I PC :

Both to suffer imprisonment for life and fine of Rs. 200/-, in default to further suffer seven days simple imprisonment.

U/s. 201 IPC :

Both to suffer rigorous imprisonment for two years and fine of Rs. 100/-, in default to further suffer seven days simple imprisonment. Sentences were directed to run concurrently.

2. The prosecution story is woven like thus :

Pankaj Patni (Pw.1) handed over a written report (Ex.P-1) on October 1, 1998 at Police Station Srinagar (Ajmer) stating there