( 1. ) THIS is an appeal at the instance of the accused-appellants basitali alias Nawab and Sirajuddin alias Siraj against their conviction for the offence under section 302 read with section 34 of the Indian Penal Code and sentence of life imprisonment awarded by the learned Second Additional Sessions judge, Bhopal on 12-1-1973 in Sessions Trial No. 152 of 1972.

( 2. ) THE facts, leading to the appeal, are that Vinod and the accused-appellants were on inimical terms. According to the prosecution story, on 23-6-1972, Vinod Kumar son of Durgaprasad set out from his house at about 5. 30 A, M. for opening the hotel, which was situate at a distance of about 300 ft. from his residential house. The locality, where the deceased resided and had his hotel, is known as Jahangirbad market in Bhopal town Both the accused Nawab and Siraj followed him on way from his house near the hotel of one Narayan. The accused-appellant Siraj caught hold of the deceased from behind and the other accused-appellant Nawab stabbed Vinod Kumar with a knife on the region of his chest. Vinod Kumar fell down and died on the spot. The accused persons ran away from the spot immediately in different direction