RAJESH BALIA, J. - (1.)THIS is an appeal against the judgment dated 31.8.1985 passed by the learned Sessions Judge, Bikaner by which accused appellant Kalu alias Abdul Salam son of Abdul Gani was convicted under Sections 302, 342 IPC and 25 of the Arms Act and was sentenced to life imprisonment together with a fine of Rs. 50/ - and in default to further undergo one month's Rl for the offence under Section 302 IPC, six months Rl for the offence under Section 342 IPC and for the offence under Section 25 of the Arms Act, one year's R.I. Accused appellant Hamid. alias Abdual Hamid Son of Allaldin convicted under Sections 302/114 342 IPC and 27 of the Arms Act and sentenced to life imprisonment with a fine of Rs. 50/ - and in default of payment of this amount of fine to further undergo one month's Rl for the offence under Section 302/114 IPC, six month's R.I. for the offence under Section 342 IPC and for the offence under Section 27 of the Arms Act one year's Rl.
(2.)ACCORDING to prosecution, on 18.6.83 at about 3.45 P.M., Gulam Mohd. PW 1 lodged FIR Ex.P.1. with the allegation that in the night of 17.6.83, Kalu who is brother -in -law of his sons Hasrat Ali and Liyaqat Ali with his friend whom he called as Hamid, came to his house and received hospitality at his house. In the morning, Kalu and Hamid, both, left his home. He himself went to his office. While he was returning home in the afternoon during lunch period because he was observing fast due to 'ramjaan', he met in 'bedon Ka bas' both Kalu and Hamid at 1.45 P.M. and they asked for being served with meat at lunch for which he agreed and all the three came to his house. Accused Kalu asked Gulam Mohd. that he wants to meet Gulam Mohd.'s wife Maina and Kalu was sent inside the room where Maina was there. Thereafter, his two daughters Rashida Khatun and Rahila Banu were also called in the room. Alongwith them, Gulam Mohd. also Went in the room and having all of them in the room, Kalu asked Gulam Mohd.'s wife to stand up and drew his Knife and Hamid drew pistol from his pocket and asked not to make noise. Thereafter, Kalu took Maina to 'gumariya' (Underground). Hamid remained with the other persons in the room and then they heard the cries of Gulm Mohd.'s wife. On going there, they saw that Mst. Maina was Lying on floor and was bleeding who told that Kalu has stabbed in her stomach. They found that were two stab wounds on her stomach. Meanwhile Kalu and Hamid forced both the girls also in the 'gumariya' (Underground) and closed the door from the outside and went away. After breaking open the door, Gulam Mohd. raised cries, hearing which his neighbours Gaffar Chhipa, Ahsan Mohd. Pinjara, Gulam Mohd. Chhipa and Khaju Chhipa came there. His sons also came there by that time. Mst. Maina was removed to hospital with two sons and Gulam Mohd. came to the police station for lodging the report. In the F.R.I., it was attributed by Gulam Mohd. that for quite some time, there is enmity between the camplainant and his sons on the side and in -laws of his sons on the other side because on 13.5.83, wife of Liyaqat Ali Mst. Sayra Banu had died due to burn injuries who was sister of accused Kalu.
At the time of making a F.I.R., case under Sections 307,324,242 and 34 IPC was registered against the accused appellants. According to injury -report Ex.p.21, following injuries were found on the person of Mst. Maina:

1. Incised wound 3cm x 1cm x 2 deep on Lt. hypochondriac region of abdomen obliquely placed hearing to vertical plane. 2. Incised wound 3.0cm x 1. 0cm x abdominal cavity deep on Lt. side of abdomen anterior about 6.5cm above and lateral to umblicus omentum is protruding through the wound. The wound is obliquely placed hearing to vertical plane.

(3.)MST . Maina was also operated upon for being treated for injuries on 18.6.83. However, Mst. Maina ultimately died on 24.6.83 and the case against the accused was converted from under Section 307 IPC to under Section 302 IPC