N.C. SHARMA, J.—Appellants Dubbal and Thawara have been convicted under section 302 read with section 34 I.P.C. and sentenced to imprisonment for life by the learned Sessions Judge, Dungarpur and to a fine of Rs. 100/- and in default of the payment thereof to rigorous imprisonment for one month.

2. The appellants were tried by the learned Sessions Judge, Dungarpur and both of them were charged under section 302 read with section 34 I.P.C. for the murder of Laxman s/o Valji Wagadia resident of Dhangaon, P.S. Galiya-kot, District Dungarpur. Prosecution alleged that the deceased Laxman was having illicit relationship with Smt. Ratna D.W.4 wife of Deva. Dubbal appellant is uncle-in-law of Smt. Ratna D.W.4 and Thawara appellant is her husband Devas elder brother. Valji, husband of Smt. Kaudi P.W. 5 and Lalji were brothers of Galab, Lala P.W.6 and Laxman deceased were brothers. Galab, Lala P.W.6 and Laxman deceased were sons of Smt. Kaudi widow of Valji Bhema P.W.8 was son of Lalji who was Smt. Kaudis husbands elder brother. On December 14, 1979 at 10.30 P.M. Bhema P.W.8 lodged an oral First Information Report at Police Station, Galiyakot stating that on December 13, 1979 at about 10 or 1

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