KANTA BHATNAGAR,J. - (1.)MADA Singh appellant was tried for the offence under Section 302 IPC by the Additional Sessions Judge, No. 1 Hanumangarh along with co -accused Banta Singh, Papni Singh and Jora Singh, respondents in Criminal Appeal No. 310 of 1980 who were tried for offences under Sections 302/24 IPC. By the judgment dated January 25, 1980, the learned Additional Sessions Judge convicted Mada Singh for the offence under Section 302 IPC and sentenced him to imprisonment for life. By the same judgment, the learned Judge acquitted the co -accused Banta Singh, Papni Singh and Jora Singh.
(2.)FEELING aggrieved by his conviction and sentence Mada Singh has preferred appeal in this Court. The State of Rajasthan felt dissatisfied by the acquittal of Banta Singh, Papni Singh and Jora Singh and challenged their acquittal by filing appeal against them.
As the appeals filed by Mada Singh and the State of Rajasthan arises out of the same facts and judgment, we propose to dispose them of by a common judgment.

(3.)BRIEFLY stated the facts of the case giving rise to the aforesaid appeals are as under: