1. - The accused appellant has been convicted by the learned Sessions Judge, Dholpur under his judgment dated 21st December, 1991 under Sections 302 and 307 read with 34 Criminal Procedure Code and on the former count he was sentenced to undergo Life Imprisonment and to pay a fine of Rs.500/- and in default of payment of fine to further suffer three months rigorous imprisonment and on the latter count to undergo four years rigorous imprisonment and to pay a fine of Rs.100/- or in default of payment of fine to further suffer one months rigorous imprisonment. The accused was tried along with Deewan Singh and Chota Singh who have been acquitted by the learned Sessions Judge. One more accused Bhcema was absconding and is still absconding.

2. On 14th May 1988, at about 5-6 p.m., Bhup Singh PW 2 was near the Chabutra of a brahman in village Tulsipura Tehsil Basedi, District Dholpur. Ram Swaroop PW 3 and Bhagwat PW 9 were also standing near him. Tota Ram deceased along with Gyani Ram PW 1 was also standing there. It is said that accused Bheema (absconding) came there armed with a gun. Chote Singh, Deewan and Kaptan also came there. There was some dispute with Ramveer accused appel