1. Respondents Banney Singh and Basant Singh were tried for the charges under Sections 302, 302 read with 34 and 109 I.P.C. by the Sessions Judge. Jaipur City, Jaipur in connection with the murder of one Ibrahim Khan in Roop Basant Hotel, Jaipur. Vide judgment dated February 6, 1982 the learned Sessions Judge acquitted the respondents which caused grievance to the State of Rajasthan as well as the complainant Sattar. Hence, the State of Rajasthan preferred appeal bearing No. D.B Criminal Appeal No. 382 of 1982 and Complainant Sattar came in Revision beading No. D.B. Criminal Revision Petition No. 206 of 1982.

2. As the appeal as well as the revision petition arise out of the same judgment, we propose to dispose them of by one judgment.

3. Succinctly narrated the prosecution case leading to the trial of the respondents, present appeal and revision petition, is that on August 31, 1981 at about 5.00 p.m. deceased Ibrahim Pahalwan was taking food in the upper storey of Roop Bisant Hotel at Station Road. Jaipur. His friend Abdul Sattar (PW. 4) who had come to see him and was waiting for him down stairs, on hearing his cries rushed up stairs and saw Roop Singh (co-accused since di