1. 1. Both these appeals are directed against the judgment dated 26th August, 1991, passed by the learned Sessions Judge, Ajmer, in Sessions Case No. 73/1993, whereby he convicted both the accused appellants for offence under S. 302 read with Section 34 IPC and sentenced each of them to undergo imprisonment for life. Both the accused-appellants filed separate appeals bat having arisen out of the same judgment, they are being disposed of together.

2. Brief facts leading to these appeals are that on 8th Jan. 1990, a first information report Ex. P/20, was taken down on the statement of Shri Lakshman, recorded by the SHO Police Station, Civil Lines, Ajmer, wherein it was stated by Lakshman that his brother Ramesh @ Trilok son of Burnomal and himself are running a tea stall at Ganj On the date of occurrence at about 3 30 p m. when his brother Ramesh had gone home and he was on the shop, one Mukesh Goyal alongwith one Kalu came to his hotel and asked as to where Ramesh has gone. On his information that he has gone to home both these accused told him to send Ramesh behind the State Bank of India, where they are waiting for him as they have arranged to repay the loan, hence he shou