S.S.BYAS, J. - (1.)SINCE these two appeals one by accused Surja Ram and Bhanwru Ram and the other by the State arise out of one and the same judgment of the learned Sessions Judge, Merta dated August 21, 1979, they were heard together and are disposed of by a common judgment. The Sessions Judge convicted accused Surja Ram and Bhanwru Ram under Section 302/34 IPC and sentenced each of them to imprisonment for life and acquitted accused Mangla Ram of the aforesaid offence. Accused Surja Ram and Bhanwru Ram have come up in appeal to challenge their conviction and sentence while the State has come up in appeal against the acquittal of accused Mangla Ram.
(2.)BRIEFLY stated, the case set -up by the prosecution is as follows. Kishana Ram Jat the deceased -victim was a resident of Khotharon Ki Dhani Police Station, Merta Road (district Nagaur).
The three accused Surjaram, Bhanwruram and Mangla Rim are resident of Gotan. At about 7.00 P.M. on January 7, 1978, Kishana Ram Jat left his Dhani to go to Gotan to deliver milk there at the Railway Station Stall. He was on a bicycle and had a drum of milk with him.

(3.)WHEN he reached the curve of the road, the three accused named above blocked his way and made an assault on him. Kishna Ram left the bicycle and took to heels to escape. The culprits ran after him and caught him, Accused Mangla Ram had a knife while the two others Surja Ram and Bhanwru Ram had lathies. They made an assault on on him and struck blows to him by their respective weapons. Kishna Ram fell dowrt.