Mr. Arun Bhansali, J.

These appeals have been filed by the accused appellants aggrieved against the judgment dated 13.8.1997 passed by the Additional Sessions Judge, Rajsamand in Sessions Case No. 89/1996, whereby, the appellants have been convicted for the offence under Section 304 Part II I.P.C. and Section 286 I.P.C. and have been sentenced as under:-

2. Under Section 304 Part II I.P.C. - 3 years R.1. and fine of Rs. 2000/- and in default of it two months imprisonment.

3. Under Section 286 I.P.C. - 6 months R.1. and fine of Rs. 1000/- and in default of it one month imprisonment.

4. The facts in brief may be noticed that one Arjun Lal gave statement to the Sub Inspector of Police Station, Nathdwara in an inquiry under Section 174 Cr.P.C. in which it was stated that Arjun Lal had purchased a 2kg Gas Cylinder from a trader at Delhi Bazar Nathdwara and that Gas Cylinder was got refilled through appellant Giri Raj 2-3 times; on 24.8.1994 the Gas Cylinder was got filled from Giri Raj and when Stove with the said Cylinder was sought to be operated, it was not working properly, the informant, thereafter, went to the temple and when he came back and cooking was started on coal stov