1. - :This appeal has been preferred by the appellantsaccused against the judgment and order dated 18.5.2004 passed by the learned Sessions Judge, Udaipur in Sessions Case No.96/2001 by which the trial court convicted the appellant Arshad Hussain under Section 302 IPC and the appellant-accused Mujaffar @ Guddu and Shahjad Hussain under Section 302 read with Section 34 IPC. All the accused persons have been sentenced to undergo the sentence of life imprisonment with fine of Rs.10,000/- to each and in default of payment of fine, to further undergo one year's rigorous imprisonment.

2. As per the prosecution case, on 18.12.2000 at about 11.50 p.m., a written report (Ex.P.1) was submitted by complainant Nizam at General Hospital, Udaipur to the Sub-Inspector of Police Shri Nazir Khan. In said written report, it was alleged that on 18.12.2000 at about 10.00 p.m., the complainant Nizam along with Iqbal, Jamil and Moin were coming from the in-laws' house of Iqbal on two scooters. The complainant Nizam was driving one scooter and the deceased Iqbal was sitting behind him. Behind their scooter, on another scooter, Moin and Jamil were coming. Moin was driving the scooter and Jamil was