1. - This appeal is directed against the judgment dated 27.2.1981 passed by the Sessions Judge, Banswara convicting the second accused appellant Moga of offence under Section 307 of the Indian Penal Code and sentencing him to four year's rigorous imprisonment and to pay a fine of Rs. 50/-, in default of payment to further undergo one month's rigorous imprisonment. The first appellant Kanji has been convicted for offence under Section 307/34 of the Indian Penal Code and sentenced to three year's rigorous imprisonment and to pay a fine of Rs. 50/-, in default of payment to further undergo one month's rigorous imprisonment.

2. It is given out by the learned counsel that the appellant No. 1 Kanji has died. The order of abetment of the appeal has been made by the order of this Court on 24.2.1997 so far as the first appellant is concerned.

3. Twelve accused persons were put up for trial before the Sessions Judge, Banswara for offences arising out of an incident alleged to have taken place on 11.7.1979 in which an attack was made on PW. 3 Lal Singh to murder him. The learned Judge acquitted all the accused persons except the appellants Kanji and Moga, PW. 3 Lal Singh the injured ey