SHRIMAL, J.—These three appeals : D. B. Criminal Appeal No.200 of 1972 : Hukma vs. State of Rajasthan, D.B. Criminal Appeal No. 218 of 1972. Sobhan vs. State of Rajasthan filed by the appellants from Jail while the D. B. Criminal Appeal No. 349 of 1972: Hukma and Sobha filed through a counsel, arise out of the judgment dated January 20, 1972 of the learned Additional Sessions Judge, Udaipur whereby he convicted the accused-appellant Hukma under S. 302 I.P.C. for committing the murder of Logaritya and sentenced him to suffer imprisonment for life. He was also convicted under S. 392 I.P.C. and sentenced to undergo rigorous imprisonment for a period of five years, and to pay a fine of Rs. 100/- in default of the payment of which to further undergo rigorous imprisonment for a period of two months. Accused-appellant Sobha was convicted under S. 411, I.P.C. and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 100/-; in default of payment of which to further undergo rigorous imprisoment for a period of two months.

2. The prosecution story as disclosed at the trial in a nutshell is that on March 3, 1975 in the early morning Logariya (since deceased) went in the company of P.W. 7 Sawa to graze his cattle in the jungle. In the evening Logariya did not return with the cattle. Sawa returned to his house. As Logariya did not return to his house an enquiry was made from Sawa as to the whereabouts of Logariya. Sawa informed them that in the day time while they were grazing the cattle near the field of Hukma accused, Hukma invited Logariya (since deceased) and took him in his field where the sugar-cane crop was standing. Thereafter a large number of persons went in search of Logariya. The dead body of Logariya was found lying in the field of Hukma. A piece of turban was also found around the neck of Logariya and it was found that he had died owing to strangulation. When Logariya left his house in the morning for grazing the cattle, he was wearing Kaduliyas (Ex.6), Hansali (Ex. 5) and gold Murkies (Ex.4). All these ornaments were found missing from the person of the dead body. The persons who went in search of Logariya came back to the house of Gokal (P.W.2). Shri Bherulal Dangi, Advocate from Udaipur was also there. A first information report of this occurrence was lodged at the Police Station, Mavli at 9.30 p.m. on the same day by P.W. 2 Gokal. In the first information report a suspicion was raised against Hukma accused. The Station House Officer, Mavli after registering the case under section 302 I.P.C. came on the spot. He inspected the site on March 4, 1971 and prepared inquest memo Ex.P.8. The autopsy on the dead body of Logariya was conducted on the same day by P. W. 16 Dr. Omprakash Purohit. Accused Hukma was arrested by the Police on March 5, 1971. After his arrest the accused expressed his desire to get the gold murkies Ex. 4 worn by the deceased discovered. The information memo is Ex. P. 17. In consequence of the information given by the accused the gold murkies Ex 4 were got recovered from the house of the accused where he had concealed them. The seizure memo is Ex. P. 9. The accused Sobha was arrested on March 7, 1971. He expressed his desire to get the other articles discovered. The information memo is Ex. P. 18. In consequence of the above information the Articles Hansali Ex.5, pair of silver kaduliyas Ex. 6 and silver Random Ex.7 were recovered at the instance of accused Sobha from the place where he had concealed them. The recovery memo is Ex. P. 12. The accused Hukma was produced before the learned Sub-divisional Magistrate, Vallabhnagar from the Judicial-lock-up for recording his confessional statement under S. 164 Cr.P.C. The learned Magistrate gave him some time to consider about the advisability of the making of a confessional statement or not. The learned Magistrate after putting a number of questions satisfied himself that the accused was making a voluntary statement and then

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