G.K. SHARMA, J.—This appeal is directed against the judgment dated 1st Feb., 80, passed by the Sessions Judge, Ajmer, convicting the accused appellant u/s. 307, IPC and sentencing him to 3 years rigorous imprisonment and a fine of Rs. 500/-, and in default of payment of fine, to further undergo 1 months rigorous imprisonment. The appellant has also been convicted u/s. 324, IPC and sentenced to 3 months rigorous imprisonment and fine of Rs. 25/-and in default of payment of fine, to further undergo 15 days rigorous imprison ment; and u/s. 323. IPC, two months simple imprisonment. All the substantive sentences were, however, ordered to run concurrently.

2. According to the prosecution story, Parmanand used to carry business of selling utensils. Some 3-4 days prior to 30th Sept., 78, accused Khattan had come to Parmanand to purchase some Utensils, on credit. Parmanand refused to sell it on credit, which irritated Khattan, who became angry Thereafter, on the night of 30th Sept. 78, at about 9-9.15 Oclock Parmanand and Heera were going together through Kala-Bazar towards the house of Parmanand. In the way, near the shop of a goldsmith, accused Khattan met them. Seeing them, Khattan starte

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