1. This judgment will dispose of both the appeals (Criminal Appeals 11-D and 14-D of 1959).

2. These appeals are directed against the conviction of the appellants under S. 304, Part II, of the Indian Penal Code. Appellant Rajender Kumar was sentenced to six years rigorous imprisonment and the other appellant Hari Shankar, to four years rigorous imprisonment.

3. According to the case of the presecution, the appellants and Din Dayal deceased lived in Bedwara, a part of Delhi city. Sometimes prior to the occurrence Om Parkash, a minor brother of Chhagan lal P. W. 7, was alleged to have been kidnapped by the appellants, the minor having taken with him a suim of Rs. 2,000.00 from his brothers shopped. Din Dayal deceased appeared as a presecution witness in that case but was declared hostile. The trial Magistrate convicted the appellants for kidnapping Om Parkash and sentenced them to rigorous imprisonment for six months on 3-3-1958. They had filed an appeal and were on bail on the day of assurance and it may be mentioned that they were subsequently acquitted by the appellate Court in that case. according to the prosecution the relations of the appellants with the deceased Din Da