1. - This appeal arises out of a judgment of the learned Sessions Judge, Kota dated 8th June, 1981, whereby the accused appellants Sohan @ Makaria has been convicted under Section 302 IPC and sentenced to imprisonment for life and a fine of Rs. 200/-, in default of payment of fine to further undergo rigorous imprisonment for two months and Mohan appellant has been convicted under Section 302/34 IPC and sentenced to imprisonment for life and a fine of Rs. 200/- in default of payment of fine to further undergo rigorous imprisonment for two months.

2. It would not be necessary to give detailed facts of the case as the learned appellants has conceded the participation of the accused appellants in the commission of the crime. We have also gone through the record of the case and have also perused the judgment of the learned Sessions Judge. The prosecution case in brief is that on 15th December, 1979 at about 1.30 P.M. the accused appellants met Sattoo deceased near Baori Mohalla. After some altercation between them, both the accused persons started hurling and beating Sattoo with stones of sufficiently big size. Ramdhani PW 6, a girl of 7 years, saw the incident and went crying t