S.N. Bhargava, J. - (1.) This is an appeal against the conviction and sentence passed by the District & Sessions Judge, Alwar convicting the accused appellant Kishan under Section 302 I. P.C. and Kailash under Sections 302 read with Section 34 IPC. and sentencing them to life imprisonment and a fine of Rs. 1000/- each and in default of payment of fine, six months simple imprisonment to each.
(2.) The facts giving rise to this appeal may be briefly stated as follows :
(3.) One Ram Lal lodged a report at Police Station Rajgarh district-Alwar on 22.7.82 at 2.30 AM. stating that his brother a tea stall at Alwar and another younger brother Mohan Lal also works in that tea stall. On 19.7.82 at about 8.00 PM. when he and Khiladi Meena were returning to their house after taking bath in the Bawdi, he heard cries of brother Mohan Lal who was saying Bhag Jao-Bhag Jao. Thereupon, he and Ram Khiladi went to Mohan Lal and saw that his brother Mohan Lal had been cut by Kailash and one more person whose name he did not know. Kishan Lal inflicted a knife blow on Mohan Lal's abdomen. His brother fell down. At that time Chatru, Behari and other persons of the village had also come there. Mohan Lal told him that the money which he had in his pocket of Kurta had also been snatched away by Kishanya and Kailash. He brought his brother in a tractor of Ramjilal to Alwar, wherein Ram Kishore, Jamura, Ranglal, Prabhati, Girdhari, mother ol Mohan Lal and wife of Mohan Lal also accompanied. When they reached near Mala Kheda, it was though proper to show to the doctor there and they took him to the doctor at Malakheda who declared his brother dead. Thereupon they brought the dead body to their village where his brother Jawahar Lal met him and told that Mohan Lal had Rs. 4015/- in his pocket when he left Alwar and they have killed Mohan Lal because Kailash and Kishan were towards him due to litigation. A case was registered under Sections 302, and 302 read with Section 34 IPC. and after usual investigation a challan was filed. Learned Magistrate committed the case to the Sessions and the learned Sessions Judge after trial convicted and sentenced the accused appellants as stated above. It is against this judgment that the present appeal has been filed.;