LODHA, J.—This is a joint appeal by the two accused Kashiram and Mohan Lal who have been convicted by the Additional Sessions Judge, Sri Ganganagar, for an offence under sec. 302 I. P. C. for causing the murder of Bhajanlal and have been sentenced to imprisonment for life.

2. The prosecution story, put in brief is that both the accused Kashiram and Mohanlal had enmity with the deceased Bhajanlal. Mohanlal is alleged to have been beaten by Bhajanlal and his brother Binjaram P. W. 1 some time in the year 1961 A. D. Again, about four or five months before the present occurrence. Kashiram accused had filed a report in the police against the deceased Bhajanlal as well as against his brother Binjaram P.W. 1 and Hansraj P. W. 2 regarding an alleged incident of firing. These two incidents are said to be the cause for the crime. It may be stated here that Bhajanlal had four brothers Khyaliram, Binjaram P. W. 1, Maniram and Brijlal. Partition had taken place amongst these brothers and the tube-well shown by mark No. 11 in the site plan Ex. P-3 situated in Chak 2Y fell to the share of Binjaram and exclusively belonged to him. The prosecution story is that on 21st September. 1970, at about 9 30 P. M. while Bhajanlal (deceased). P. W. 1, Hansraj P. W. 2 and Sohanlal P. W. 3 were returning from the tube-well of Binjaram, the accused Mohanlal and Kashiram who laid in wait for Bhajanlal near the house of one Roshanlal, marked as No. 5 in the plan, fired three gunshots at Bhajanlal as a result of which Bhajanlal fell dead in the canal marked No 3 in the site plan. According to the prosecution, the occurrence had been witnessed by P. W. 1 Binjaram, P. W. Hansraj and P. W. 4 Kishenlal who was at that time present in the house of Roshanlal. Sohanlal, however, did not witness the occurrence as he had parted company from Bhajanlal and others a little earlier and had gone in a different direction. A first information report of the occurrence was lodged by P. W. 1 Binjaram at police station Sadar. Sri Ganganagar, situated at a distance of about six miles from the place of occurrence at 11.45 P. M. A copy of the first information report has been placed on the record and marked Ex. P. 2 After recording the first information report, the S. H. O. Bhanwarlal P. W. 5 proceeded to the spot and recovered the dead body of Bhajanlal as well as nine pieces of wads besides certain other articles out of which one Chappal alleged to be of Chandrakala. daughter of the deceased Bhajanlal needs special mention. We may point out, here, that both the accused persons were not found at their place of residence In village Chak 2Y but they surrendered themselves before the Munsiff-Magistrate Fazilka, State of Punjab and were ultimately brought to Rajasthan by P, W. 5 Bhanwarlal on 5-10-70 and were thereafter prosecuted in the court of the Munsiff-Magistrate, Sri Gangangar, who after holding an enquiry committed them for trial to the court of the Sessions Judge, Sri Ganganagar, but the case was ultimately transferred to the court of Additional Sessions Judge, Sri Ganganagar, for trial,

3. There is no denying the fact that Bhajanlal had been killed by gun-shot injuries on the relevant date and at the place where his dead body was found. According so the evidence of Dr. A. R. Dass (P. W. 6), there were following injuries present on the body of Bhajanlal :

"1. Gunshot lacerated wound 2" x 2-1/2" x 4" on left side of the chest, directed backwards injuring skin, subcutaneous muscle, causing fracture of 2nd, 3rd and 4th ribs of left side. Laceration pericardium, upper part of heart and aorta, and left lungs. This is the wound of entrance. No wound of exit found.

2. Gun shot lacerated wound 2" x 1-1/2" x 2" left side of the chest, wound directed backwards causing injury to skin, subcutaneous muscles, fracture of 8th and 9th ribs of left side, left lungs. The wound situated at the anterior axillary line. This is the wound of entrance. No wound of exit found.

3. Gun shot lacerated wound

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