1. - A written FIR lodged by Madho Singh set the police in motion, who after investigation submitted challan against accused-appellants Roop Singh and Daulat Singh before the Additional Sessions Judge, Sirohi for the offence under Sections 302 I.P.C., which after trial, culminated into conviction vide judgment dated 26.2.1982 passed in Sessions Case No.25/1979 and sentence under Section 302/34 I.P.C., against which this appeal has been preferred.

2. In brief, the prosecution story as disclosed is that on 3.8.1978 at about 10 p.m., a written report was lodged by Madho Singh at Police Station Rani, Distt. Pali stating therein that at about 6.00 p.m., he was cutting waste grass in Sesame crop in his field. At that time, his elder brother Sohan Singh was going from his village to his field Well Gunderiya. In the said field cattle of Sohan Singh were being grazed by one Kumari Narayani. At about 5-7 minutes thereafter, he heard the cries of Kumari Narayani and saw in the direction of his brother's going and found that Daulat Singh was beating his brother with 'dhariya' and Roop Singh with knife. He also made cries and ran towards the place of occurrence from his field. Nainiya a