Honble TIBBREWAL, J. – All the three accused, namely, Mustqeem, Nausad and Rafiq have preferred this joint appeal against the judgment and order dated, May 30, 1994 passed by the Sessions Judge, Baran, whereby the appellant, Mustqeem was convicted under Sec. 302 IPC and other two appellants Nausad and Rafiq were convicted under section -302 read with Sec. 34 IPC and sentenced to suffer imprisonment for life and to pay a fine of Rs. 500/- each. In default of payment of fine, to undergo simple imprisonment for three months.

(2) We need not state the facts of the case in detail as the learned counsel appearing for the appellants, restricted his contention on the question about the nature of the offence committed by the appellant and the sentence to be awarded. Still, in order to appreciate the real controversy, some necessary facts may be given;

At the relevant time of incident, the appellant and the deceased Jakir Hussain resided in the same locality of Baran town. At about 7.45 P.M. an the fateful night of 18.3.93 the occurrence took place when deceased Jakir Hussain was passing in front of the appellants house. He was carrying a `Thela (cycle cart) to store in the house of Asfaq wher

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