JUDGMENT

S.B. Sinha, J. - Appellant is before us aggrieved by and dissatisfied with a judgment of conviction and sentence passed by a Division Bench of Rajasthan High Court, Bench at Jaipur in D.B. Criminal Appeal No.765 of 1999. He was proceeded against for commission of murder along with one Pitram, his brother-in-law. Pitram, accused No. 1 (A.1), Mali Ram, the first informant (P.W.1) and Moosaram are brothers. Mooli Devi is their mother. A First Information Report was lodged at about 9.30 p.m. on 13.10.1996 in relation to an incident which took place at the 'Dhani' of Mali Ram's father, which is situated on Bhudoli Road, whereat, allegedly, the said Pitram committed murder of the said Moosaram at about 8 p.m. on the same day.

2. P.W.1, in his First Information Report, alleged that he and the deceased carried some household articles from town Neem Ka Thana and went to their father's 'Dhani'. They stopped there, talked to their mother and left for their 'Dhani at Lambawali. When they reached the field of 'Darogas', they heard shouting of their mother, whereupon they started running, sensing that they would be attacked. Moosaram was then attacked by 4-5 persons. It was alleged