1. - Learned Additional Sessions Judge (Fast Track) No.2, Bikaner, by judgment dated 28.2.2006, convicted accused Pyarelal for the offence punishable under Section 302 Indian Penal Code and accused Fateh Chand for the offence punishable under Section 302/34 Indian Penal Code. Both the accused were sentenced to undergo life term imprisonment with fine of Rs. 1000/- each and further to undergo one month's additional imprisonment in the event of default in payment of fine.

2. The case of the prosecution is that Shri Jetharam Mali was having six sons viz. Pyarelal, Kishanlal, Fateh Chand, Bishanlal, Prabhu Dayal (deceased) and Jesram. Jesram left the house on becoming saint. Shri Bishanlal and-2- Prabhu Dayal were having dispute with Pyarelal, Kishanlal and Fateh Chand in relation to partition of immovable property that was in the name of their father Shri Jetharam. On 3.3.2004, a statement made by Smt. Jhanwari Devi wife of Prabhu Dayal before the police was reduced in writing (Ex.P/4) and on basis of that a first information report (Ex/P/8) was lodged at police station Gangashahar. As per the statement made, Shri Prabhu Dayal, husband of Smt. Jhanwari Devi at about 2 - 2:15 P