Chitre, J. -- 1. These two appeals were filed by the accused who were tried by 7th Addl. Sessions Judge, Ujjain in Sessions Trial No. 95/91. The appeals arise out-out of same decision and same trial and. therefore, they are decided by this common judgment.

2. The appellants have been convicted for offence punishable u/S. 302 r/w 149 IPC, 307r/w 49 IPC. All the appellants have been sentenced to undergo imprisonment for life for offence punishable under provisions of S. 302 r/w 149 IPC as well as they have been sentenced with fine of Rs. 500/-, in default to undergo S.I. for three months. For committing the offence punishable u/S. 307 r/w 149, they have been sentenced to undergo R.I for seven years and to pay fine of Rs. 500/- and in default to S.I. for three months. These orders of conviction and sentences arc for committing the murder of Ramsingh and for attempting to murder of prosecution witnesses Hakamsingh, Panesingh and Ratansingh.

3. Prosecution case in brief can be stated as mentioned hereunder --

On 1.11.90 at about 12.00 noon, when the deceased Ramsingh and P.Ws. Bane singh, Hakamsingh and Ratansingh were proceeding towards tube well in the field along-with their