1. - These two cross appeals are filed by the accused- appellant and by the State of Rajasthan against the judgment dated 8th May, 1992 of Additional Sessions Judge No. 2, Alwar, whereby he has convicted the accused- appellant Hussain under Section 302 IPC and accused- appellant Idrees under Section 302 read with Section 34 IPC and sentenced each of them to undergo life imprisonment and pay fine of Rs. 200/- each, in default of payment of fine, further to undergo one month rigorous imprisonment. The State appeal is against the acquittal of accused Fazruddin, Taiyab and Ayub under Section 302/149 IPC and against the acquittal of all accused under Section 148 IPC.

2. The facts giving rise to the appeals are that the Sub- inspector of police recorded the parcha-bayan of one Hameed son of Hasan at 4.00 p.m. on 1.6.89. In parcha-bayan it has been alleged that at about 6-7.00 a.m., when he was on the roof of his house along with his bhabhi Fatta and Bassi, deceased Subban was climbing up the stairs along with a cot to prepare 'sevaiyan' the sevaiyan machine was also fitted on the cot. At that time accused-appellants Idrees, armed with a tanchiya, Hussain armed with kulhari, Taiya