1. - This is an appeal against the conviction and sentence passed by the District & Sessions Judge, Alwar convicting the accused appellant Kishan under Section 302 I. P.C. and Kailash under Sections 302 read with Section 34 IPC. and sentencing them to life imprisonment and a fine of Rs. 1000/- each and in default of payment of fine, six months simple imprisonment to each.

2. The facts giving rise to this appeal may be briefly stated as follows :

3. One Ram Lal lodged a report at Police Station Rajgarh district-Alwar on 22.7.82 at 2.30 AM. stating that his brother a tea stall at Alwar and another younger brother Mohan Lal also works in that tea stall. On 19.7.82 at about 8.00 PM. when he and Khiladi Meena were returning to their house after taking bath in the Bawdi, he heard cries of brother Mohan Lal who was saying Bhag Jao-Bhag Jao. Thereupon, he and Ram Khiladi went to Mohan Lal and saw that his brother Mohan Lal had been cut by Kailash and one more person whose name he did not know. Kishan Lal inflicted a knife blow on Mohan Lal's abdomen. His brother fell down. At that time Chatru, Behari and other persons of the village had also come there. Mohan Lal told him that the m