S.S. BYAS, J.—Since both the appeals are directed against one and the same judgment of the learned Additional Sessions Judge. Rajsamand dated July 16, 1986, they were heard together and are decided by a common judgment. By the judgment aforesaid, the Additional Sessions Judge convicted the accused Dalla under section 302 and accused Smt. Bhanwari under section 302/34, I.P.C. and sentenced each of them to imprisonment for life and a fine of Rs. 1000/-, in default of the payment of fine to further undergo two years rigorous imprisonment. The Sessions Judge also convicted the accused Dalla under section 201, I.P.C. and sentenced him to two years rigorous imprisonment and a fine of Rs. 500/-, in default of the payment of fine to further undergo six months rigorous imprisonment. The accused have come-up in appeals and challenge their conviction.

2. Succinctly stated, the prosecution case is that the deceased Kishan Singh Rajput was the father of PW 5 Raisingh, PW 6 Khemsingh, PW 7 Khumansingh, DW 1 Kumari Sayari and husband of accused Smt. Bhanwari. He was living with them in his house in village Matri P. S. Nathdwara. Kishan Singh was a Compounder in the Government Hospital, Nathdwara. He used to take up and down journeys from his village to Nathdwara to attend his duty. On Friday preceding August 23, 1983, Kishan Singh came from the hospital and reached his house at about 10. 00 P. M. He took his meals and retired to sleep. While he was asleep, accused Mst. Bhanwari and DW 1 Kumari Sayari went out-side the house and came back with accused Dalla with them. Accused Dalla came with a big stone in his hand weighting nearly 20 kilograms. Accused Mst. Bhanwari sat on the chest of Kishan Singh and DW 1 Kumari Sayari caught his feet. Accused Dalla struck three blows with the stone on the head of Kishan Singh. He thereafter pressed his throat. DW 1 Kumari Sayari also struck a few blows with the stone on the head of Kishan Singh. Kishan Singh passed away instantaneously on the spot. The incident was seen by PW 5 Raisingh, PW 6 Khem Singh and PW7 Khumansingh. Accused Mst. Bhanwari threatened them with dire consequences in case they divulged the secret. The dead-body of Kishan Singh was taken out-side the house and was hurried in a pit. When the whereabouts of Kishan Singh could not be traced out for three or four days, PW 1 Devisingh went to Police Station, Nathdwara and lodged report Ex. P. 1 of the occurrence. It was mentioned therein that foul smell was omitting from the place situate near the house of Kishan Singh. The police registered a case under section 201 and 302, I.P.C. and proceeded with investigation. The Station House Officer Badami Lal (PW 17) arrived on the spot. The dead body of Kishan Singh was disinterred from the pit and inquest report was prepared. The post-mortem examination of the victims dead body was conducted by PW 16 Dr. S.K. Lodha the then Medical Officer Incharge, Government Hospital Nathdwara. He noticed some external injuries over the dead body. He was of the opinion that the cause of death of Kishan Singh was asphyxia resulting from strangulation on throat. The duration of the death was stated to be three to six days preceding the post mortem examination conducted on August 23, 1983. The post-mortem report prepared by him is Ex. P. 8. Two persons Prithvisingh and Bhanwarsingh were arrested by the investigating officer on August 26, 1983. In consequence of the information furnished by Prithvisingh, blood-stained soil, stone, spade and Getti were recovered from his house. The investigation thereafter changed hands and it was entrusted on September 11, 1983 to the Deputy Superintendent of Police, Mr. Dulli Chand Sharma (PW 20). He once again recorded the statements of Raisingh Khem Singh and Khumansingh, according to whom their father Kishan Singh was killed by their mother Mst. Bhanwari, sister Kumari Sayari (DW 1) and appellant Dalla. These three persons were thereafter arrested by the Deputy Superintendent of

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