1. -Criminal Appeal No. 391/80 is filed by accused-Roopa challenging his conviction under section 302 of the IPC recorded by the learned Sessions Judge, Sirohi in sessions case No. 50/79 on 8.9.1980. Criminal Appeal No. 820/80 is tiled by the State against the same judgment challenging the acquittal of two otheraccused persons who were tried along with Roopa for causing homicidal death amounting to murder of the deceased. In view of the fact that both the appeals arise out of the same sessions trial, they can conveniently be decided by a common order.

2. Facts giving rise to the prosecution stated briefly are that on 23.7.1979 at about 10.00 p.m., Roopa, Goga and Natha who arc all brothers assaulted one Naina which assault resulted in Naina being killed. The first information report regarding this incident was lodged on the same day and after investigation, the accused three in number were arrested and tried. The prosecution examined as many as 17 witnesses in support of its case that the accused committed murder of deceased and the several documents executed during the investigation of this crime have been duly proved by several witnesses which documents also were apprecia