Mohammad Rafiq, J.

1. This appeal is directed against judgment dated 15.06.2012 passed by Additional District and Sessions Judge, Bandikui, District Dausa (for short ‘the trial court’) whereby accused-appellants have been convicted for offence under Section 302 IPC and sentenced to life imprisonment with fine of Rs. 5,000/-, in default whereof, he was to further undergo three months imprisonment.

2. Facts of the case are that Babulal (P.W.4) son of Chhuttan submitted a written report (Exhibit P-8) to SHO, Police Station Bandikui on 10.10.2010 at 8.30 A.M. stating therein that he was resident of Ward No. 1, Bandikui, Tehsil Baswa District Dausa. He and his deceased brother Tulsiram son of Chhuttan Lal were residing in Ram Chandra Ki Dhani in two rooms. The informant went to sleep at 10.00 P.M. on 09.10.2010. At that time, Ram Phool Meena, their neighbourer Hari Om and Mukesh Meena resident of Ram Chandra Ki Dhani were sitting with his brother Tulsiram. When the informant woke up in the following morning at 6.00 A.M., he found that his brother has been murdered by someone after slitting his neck. Blood was speared all over the floor. His dead body was lying on the cot outside