1. - These three appeals are directed against one judgment dated 24.9.1996, passed by learned Additional Sessions Judge, Rajgarh, Camp Laxmangarh, District Alwar in Sessions case No. 141/1994, whereby accused-appellants Shiv Ram and Arvind Kumar @ Tillu have been convicted and sentenced under Section 302 IPC with life imprisonment and a fine of Rs. 500/- each and in default of payment of fine to further undergo six months rigorous imprisonment and accused-appellants Sohan Lal has been convicted and sentenced under Section 302 read with Section 34 IPC with imprisonment of life and a fine of Rs. 500/- and in default to further undergo six months rigorous imprisonment.

2. The prosecution case, in brief, is that PW1 Shri Ram Babu along with PW 3 Shri Bholu Ram submitted a written report Ex. R 1 at Police Station, Laxmangarh on 10.7.1994 at 3.5 p.m. with the averments that at 10.30 a.m., he alongwith Bhagwan Singh S/o Bholu Ram Jat (deceased) and Bacchu Singh S/o Babu Singh Jat (PW 2) were returning from Village Kanvada after having attended a function organised by one Giriraj Meena. On the way at about 2 p.m. Sohan Lal Meena, Arvind @ Tillu Jat and Shiv Ram Meena (all the three accused-appellants), who were coming by a motor cycle, met them near the well of Shri Ghisi and Kalu and stopped them. Shiv Ram abused Bhagwan Singh, Arvind and Sohan Lal caught hold of Bhagwan Singh. They tried to intervene but Shiv Ram with intent to kill Bhagwan Singh gave a knife blow upon the left side chest of Bhagwan Singh, second knife blow was inflicted by Sohan Lal and third knife blow as inflicted by Arvind upon the neck of Bhagwan Singh. They raised hue and cry. It is also mentioned that 7 persons Bhim Singh, Nathi, Laxman, Amritpal, Rams Avtar, Vijay Singh S/o Laxman and Dharam Singh, who helped the accused in escape from the scene of occurrence, were sitting nearby. In the meantime Mewaram (PW 7) and Sugan (PW 19) reached there by a tractor and saw the accused running. Bhagwan Singh died on the spot. It is also alleged that Shri Bhagwan Singh and Shiv Ram quarreled with each other about 5 or 6 days prior to this incident.

3. A formal FIR No. 154/94 under Section 302/34 IPC (Ex. R 2) was registered and investigation commenced on that very day i.e. 10.7.1994. Site plan Ex. R3 was prepared. All the three accused were arrested and at their instance, knives were recovered and after usual investigation, charge-sheet 'was filed against ali the three accused.

4. The learned Additional Sessions Judge framed the charge under Section 302 IPC and it was read- over and explained to the accused, who pleaded not guilty and claimed trial. As many as 20 witnesses namely Ram Babu, Bacchu Singh, Bholu Ram, Sher Singh, Ramjilal Sharma, Om Prakash, Mewaram, Prem Prakash, Manohar, Digambar Singh, Ramesh Chandra Meena, Bijendra Singh, Ram Kumar, Pooranmal Sharma, Dr. R.A. Bali, Dr. Gajraj Singh, Mishrilal Sharma, Devi Singh, Sugan Chand and Jagdish Prasad were examined on behalf of the prosecution. The accused were examined under Section 313 Cr.PC. They pleaded innocence. Accused Shri Arvind Kumar @ Tiliu stated that there is enmity between his family and that of the deceased for last 20 years and a false case of dacoity was got registered against his brothers Amrit Pal and Bhim on behalf of the family of the deceased and on account of this enmity he has also been falsely implicated. However, no witness has been examined in defence.

5. We have heard the learned counsel Shri A.K. Gupta for the appellant Shri Shiv Ram learned counsel Shri Biri Singh for the accused-appellants Shri Arvind Kumar and learned counsel Shri Sharma for third appellant and learned RR Shri Rajendra Yadav on behalf of the state and have considered the entire evidence available on the record. The post-mortem on the dead body of Shri Bhagwan Singh was conducted by a Medical Board consisting of PW 15 Dr. R.A. Bali and PW 16 Dr. Gajraj Singh on 10.7.1994 at about 5:10 p.m. on the way to the Vi