1. This appeal has been preferred against the judgment passed by the learned Additional Sessions Judge, Sikar dated 15th January, 1977 by which he convicted the appellant for the offences under sections 302 and 307 Indian Penal Code and sentenced him to imprisonment for life and a fine of Rs. 500/- in default to undergo two months rigorous imprisonment on the first count and eight years rigorous imprisonment and a fine of Rs. 200/- in default to undergo one months' rigorous imprisonment on the second count.

2. Briefly stated the facts of the case leading to the trial of the appellant ate that on 4.4.74 at 8.00 p.m. Baluram (P.W.8) resident of village-Khcri Tehsil was going from his house towards the village to extend invitation for 'Bhat' ceremony in connection with the marriage of his cousin. When he reached near the peepal tree (fig tree) standing on the ground out side his house, he saw the appellant Rameshwar standing there alone with Beyta, Kushla and Ramkumar. On seeing him, Ramkumar cried out that enemy was coming towards his house, at which his companions Beyta, Kushla and Ramkumar told him what was there to see he should accomplish the task. Baluram stopped there h