Wanchoo, C.J.—This is an appeal by the State against the acquittal of Fazal accused under sec. 302 of the Indian Penal Code.

2. Fazal and his brother Imamuddin stood their trials under sec. 302 read with sec. 34 of the Indian Penal Code for the murder of Ahmad before the Additional Sessions Judge of Bikaner, with respect to an incident which took place in village Bhadra on the evening of the 14th October, 1949. Imamuddin was convicted under sec. 302 and sentenced to transportation for life, Fazal however was acquitted under sec. 302 read with sec. 34. He was convicted under sec. 324 I.P.C. with respect to the injury caused to Fez, about which there was a separate charge. This appeal is with respect to the acquittal of Fazal under sec. 302 read with sec. 34 with respect to the murder of Ahmad.

3. Both the accused Imamuddin and Fazal had appealed to this Court against their conviction, and that appeal (Criminal Appeal No. 69 of 1951) was decided by us on the 2nd November, 1951. The present appeal was filed on the 2nd January, 1952, and that is why it could not be connected with that appeal.

4. The facts, which we found proved in that appeal, and which may be taken to be proved, are thes

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