1. - The appellant Ghasi Ram and Ramkumar sons of Jiwan Ram, residents of village Harsawa Kalan, were tried by the learned Additional Sessions Judge, Sikar, under sections 307, 326 and 324 read with section 34 I.P.C. By his judgment dated May 25, 1973, the learned Judge acquitted them of the offence against section 307 read with section 34 I. P. C. He, however, found them guilty of the offence punishable under sections 326 and 324 read with section 34 IPC. Consequently he convicted each of them under sections 326 and 324 and sentenced them to rigorous imprisonment for three years and a fine of Rs. 200/- and rigorous imprisonment for one year, respectively.

2. The case of the prosecution which resulted in conviction and sentence of the appellants as aforementioned is that on March 11, 1971 at about 9-9-30 p.m. they were lying in ambush by the side of the well which separates the chowk from the galiyar (village street) at the time when Mohan PW is said to have returned from the house of one Girdhari. It is alleged that no sooner did Mohan pass that side than the appellants assaulted him. Ramkumar is alleged to have held him in his arms from behind when Ghasiram inflicted knif