MEHTA, J.—The appellants Tillumal and Assandas have been convicted by the Additional Sessions Judge No. 1, Jaipur City, for offence under sec. 302, I.P.C., and each of them has been sentenced to imprisonment for life.

2. The prosecution story, in brief, is that the accused Tillumal and the approver Sajan became partners in the business of illicit liquor. Saroopa (decea-sed) was a taxi-driver. Sajan and Tillumal gave him Rs. 50 per trip in addition to the fare of conveyance by which he brought illicit liquor from outside. The accused Asandas of Ajmer was another taxi-driver. He also used to supply Tillumal and Sajan with illicit liquor through his taxi. On the advice of the accused Tillumal Sajan bought an Ambassador car (No.R.S.L. 6598) in the month of February, 1967, in partnership with Saroopa. They gave Rs. 8000 towards the part-payment of its price. The residue was obtained from Prakash Financier. Saroopa, who was in the service of K. B. Singh (P.W. 11), left his job and started driving the Ambassador Car. The vehicle met with an accident in the month of March, 1967, on Amber road. It was sent for repairs. After it was mended, Saroopa again took to driving it for a couple of days. No profit, however, accrued to its owners. By negotiation Sajan took the car under his exclusive possession on May 22, 1967, and gave assurance to Saroopa that he would soon pay him the money that was due towards the purchase of the car. Saroopa again joined the service of K.B. Singh. He demanded his dues many a time, from Sajan. On June 10, 1967, Saroopa went to Sajan at about 9.30 a. m., and asked him to settle his account with the financier. Sajan told him to come at 12 a. m. to Bansis hotel, situate in front of the Shah Building, Chaura Rasta, Jaipur. Saroopa could not spare time upto 3 p. m. At Bansis hotel Sajan and his associates Assandas and Tillumal had already arrived earlier. They all waited for Saroopa. Then all the 3 persons went to Ram Prakash cinematographic theatre to see a movie. In the interval Tillumal told Sajan that Saroopa had got his illicit liquor seized and that he had also put Sajan to loss and, therefore, he should be taken to jungle and be compelled to divulge what he had done. Both Assandas and Sajan agreed to it. After having seen the picture, all the three returned to Bansis hotel. In the meantime Saroopa also reached there. He told Sajan that he had contacted the financier and he had told him that he was to go outside for about 25 days. Saroopa suggested that both of them should go to the financier for the adjustment of the account. Sajan agreed to it and told him that he would take him there in his car at about 9 p.m. The accused Tillumal, Assandas and Sajan sat in the car and left for their respective houses. At 8-30 p.m. Sajan went to Tillumall house, where Assandas had already arrived. All the three then sat in the car and came to Bansis hotel, where they took wine. Meanwhile Saroopa also reached there. After about 15 to 25 minutes they all sat in the car No.RSL 6598 and first went to the financiers house. Sajan and Saroopa got down from the car and contacted the financier Uttamchand, P.W. 18. He told them to come to his office next day. When Assandas and Saroopa were coming out of Uttamchands residence-cum office, Saroopa demanded a sum of Rs. 500 from Sajan. Sajan said that he had no money with him. He asked Tillumal to give him Rs. 500. Tillumal said that he would arrange for the amount from his wine shop at Phagi. Saroopa agreed to it. Thereafter Tillumal, Sajan, Assandas and Saroopa left for Phagi in the car. When they reached the hospital square, they met K. B. Singh, who was coming from the opposite direction on his scooter. The car was stopped there. K. B. Singh asked Saroopa as to where he was going, Saroopa replied that he was going to get his account settled. AH the four persons reached Phagi at about 11 in the night. Sajan woke his servant Ghasi P. W. 3, at his Phagi liquor shop and asked him about t

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