Honble GOYAL, J.–This appeal has been filed against the judgment dated June 30, 1995, passed by learned Sessions Judge, Alwar, in Sessions Case No. 7/1995 whereby both the accused appellants were held guilty under Section 302/34 IPC and were sentenced to imprisonment for life.

(2). The relevant facts giving rise to this appeal are in brief that P.W. 4 Prabhu Dayal, brother of the deceased Kailash submitted a written report Ex.P.8, at Police Station Malakhera, district Alwar, on 2.10.1994, at 2.15 p.m. with the averments that at about 10 a.m. his brother Kailash was going to house of Ramji Lal from his Well. On the way in the village Bader Ka Bas, accused appellants Harphool and his son Ramjeewan armed respectively with Kulhari and Tanchia, assaulted Kailash. Kailash ran away for his life and rushed to the roof of the house of Sohan Lal. Both the assailants followed him there. Accused Ramjeewan inflicted injuries with Tanchia on ear, nose, eyes, while accused Harphool caused injury on head by Kulhari. This occurrence was witnessed by Mangal Ram (PW.7), Babu Lal (PW. 6), Laxman (PW. 5) and Faiju Khan. Both the accused ran away and Kailash died instantaneously.

(3). On the basis of thi

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