1. - This appeal is directed against the judgment and order dated 29.8.1988 passed by the learned Additional Sessions Judge No.2, Jodhpur in Sessions Case No. 46/1982, whereby, he convicted accused appellant Budharam for offence under Section 307 I.P.C. and accused appellant Nenaram for offence under Section 307/34 I.P.C. and sentenced each of them to undergo five years' rigorous imprisonment and to pay a fine of Rs.1000/-, in default of payment of fine to further undergo three months' simple imprisonment. The fine of Rs.2000/- was ordered to be paid to injured Heera Lal by way of compensation.

2. The prosecution story in brief is that one Mool Singh, brother of injured Heera Lal-lodged a written report Ex.P-1 on 27.8.1982 at Police Station Mahamandir, Jodhpur that on the preceding night at about 9.30 P.M., when his younger brother Heera Lal was coming to his house, accused appellants Nenaram and Budharam stopped his brother in the way and inflicted blows with lathi and fists. He and his brother Shanker Lal went there upon hearing the cry of Heera Lal and intervened. According to this report, accused Nenaram inflicted lathi blows near the left ear of injured Heera Lal, wher