V. S. KOKJE, J.

( 1 ) RAMJAN Khan, Sultan Khan and Kalu Khan who have been convicted by the learned Sessions Judge, Bikaner for an offence punishable under Section 302/34 of the I. P. C. and who have been sentenced to undergo life imprisonment with Rs. 500/- as fine each have preferred this appeal against their conviction and the sentence.

( 2 ) A first information report was lodged with the police station Chattargarh District Bikaner on 2nd February, 1989 at 5. 30 p. m. Prathvi Khan son of Kalu Khan alleging that he along with his elder brother Yusuf and Karim Khan s/o Dadruddin had come to Chattagarh at about 8. 00 a. m. for selling Gwar which they had transported in a tractor. Ahmed Khan s/o Karim Khan had also come along with them. At about 10. 00 a. m. they reached Chattargarh and unloaded their bags of Gwar at Kherajs Shop and Karim Khans bags at Bhagwandass shop. Yusuf was at Kherajs shop and Prathavi Khan and Karim Khan and Ahmed Khan were on the shop of Bhagwandas. At about 5. 00 p. m. when Prathvi Khan, Karim Khan and Ahmed Khan were going from the shop of Bhagwandas to the tea shop of Kartar for having tea, near Kartars tea shop they saw Yusuf coming from the d