1. - These two appeals arise out of the judgment of Sessions Judge, Jaipur City, Jaipur, acquitting accused Binno, Vinay Kumar, Ballu and Sushil of the offence under section 302 and 302 r/w 34 IPC, and convicting accused Dharma @ Dharam Chand under section 302 r/w 34 IPC and sentencing him to imprisonment for life and a fine of Rs. 500/-, in default of payment of fine, to further undergo six months simple imprisonment. Hence, these appeals are being disposed of by this common judgment.

2. On the basis of Parcha Bayan (Ex. P. 1) recorded on 9-5-1978 at 1.40 AM of Kundu Mal (PW 1), FIR (Ex- P. 22) was registered at 2.15 AM on 9-5-1978. In the Parcha Bayan it had been mentioned that nephew of Kundu Mal(PWl), namely Bhagwan Das, was inflicted a knife blow by accused Dharma, Binno and Ballu and one more person near the shop of Prabhu Pan Wala Bhagwan Das was taken to the Hospital where he died and his dead body was kept in mortuary.

3. The police registered a case against the accused persons under section 302 read with Section 34 IPC. The Parcha Bayan was sent to the Police Station through Shri Ram, Head Constable and a report (Ex. P. 22) was chalked out at 2.15 AM.

4. After usual