BHANDARI, J—This is an appeal by Ram Deo, Bal Dev Chandani and Ramesh against the judgment of the Additional Sessions Judge, Churu dated the 25.9.1963, convicting all of them under sec. 302/34 I. P.C. and sentencing each of them to rigorous imprisonment for life. All of them were further convicted under sec. 380/34 I.P.C. and each of them was sentenced to two years rigorous imprisonment. They were also convicted under sec.460/34 I.P.C. and each of them was sentenced to two years rigorous imprisonment. All the sentences were ordered to run concurrently. The deceased Bhanwarlal was post master of Sujangarh in November, 1961. He resided in the residential quarter attached to the post office. The case of the prosecution is that on the night intervening 10th/l1th November, 1961, all the accused Ramdeo, Ramesh and Baldeo, along with Yaqub approver (P.W. 1) entered in the residential quarter of Bhanvar Lal Post master at Sujangarh and Baldeo appellant killed him by inflicting blows by the axe (Art. 2) and then all of them entered in the Post Office, opened the lock of the safe lying there and took away five insured covers and some cash cut of which four insured covers contained Rs 7,400/- in currency notes. Bhanwarlal was working as Post Master at the post office, Sujangarh from August/September, 1960. Ramdeo appellant was working as Telegraph signallercum-clerk in the Telegraph office from July/August, 1961 which was in the same office. Ramesh appellant and Yaqub appellant were two boy messengers. Ramesh was previously working at Ratangarh post office and was transferred to Sujangarh post office on the 1st of November, 1961. Yaqub approver was also serving at the post office for sometime the exact date of his appointment being not on record. Ramesh was residing on or about the date of murder in the quarter attached to the quarter of the Post Master. The roofs of the quarters of Ramesh and the post master were at the same level and were accessible by two separate staircases. A person from the quarter of Ramesh could have access to the quarter of the Post Master from the roof. Yaqoob resided with Mohammad Hassan (P.W. 16) who was a Head Constable at the Police Station, Sujangarh. He also cooked food for the Head Constable and gave tuition to Sarwar (P.W. 2) the son of the Head Constable. Baldeo Chandani was a Telephone Operator at Ratangarh and he came on the morning of 10th of Nov., 1961 on relieving duty at the Telephone Exchange Sujangarh.

2. It is alleged by the prosecution that Ramdeo was not on good terms with Bhanwarlal Post Master as he objected to the boy messenger Kishan employed at the Post Office serving as a private servant at the quarter of the Post Master. The prosecution evidence is that once or twice there were altercations between Bhanwar Lal and Ramdeo, sometime before the occurrence on that account. After the altercations, it is said that Ramdeo once expressed in the presence of Yaqoob that Bhanwarlal was proud and had grown insolent and he could be taught a lesson within two minutes and that he (Ramdeo) was a resident from Rewari where people do not wash their hands and eat their bread even after murder. This incident is said to be of about a fortnight before the date of murder. The prosecution case further is that Baldeo Chandani, Ramdeo and Ramesh entered into a conspiracy to murder Bhanwar Lal on the 10th and 11th of November, 1961 when Bhanwarlal was to be found alone in his quarter, his wife and children having gone to Sardarshahar. Yaqoob was also made a party to this conspiracy by Ramdeo and Ramesh. It may also he mentioned that Baldev Chandani had taken his lunch with Bhanwarlal post master on the day of murder. The only evidence of the conspiracy is the testimony of Yaqoob. His evidence on this point is that after 7.00 p.m. on the night of murder, Ramdeo, and Ramesh came out of the post office and sat on a bench, while he remained standing nearby. Ramdeo asked Ramesh : "What is to be done about that matter

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