ASHOK KUMAR MATHUR, J. - (1.) THIS is an appeal against the judgment and conviction of the appellants under Section 302 read with Section 34, IPC by the learned Additional Sessions Judge, Sikar dated 30 -8 -1976 where by he has sentenced the accused appellants to life imprisonment with a fine of Rs. 500/ - and in default of payment of fine to further undergo 6 months rigorous imprisonment.
(2.) THE facts giving rise to this case are that a First Information Report was filed by one Govinda on 4 -11 -1975 at about 11 -15 a.m. at police station, Sikar that today i.e. 4 -11 -1975 at about 5 a.m. in village Sanvloda he was informed by Birda son of Surja Balai in the early morning at about 5 a.m. that Chandra son of Natha was thrown in the well by Ram Singh and Bhag Singh sons of Chain Singh and he has been killed. On the basis of this report, a case under Section 302 IPC was registered against both the accused persons Thereafter, investigation was taken up by the police and the Investigating Officer reached on the scene of the occurrence and the dead body of the deceased was taken out from the well. The site plan was prepared, dead body was seized and sent for post mortem. According to the medical evidence, the death of deceased Chandra was caused by dragging. Both the accused persons were arrested and necessary investigation was taken up. After close of the investigation, the police charged both the accused persons under Section 302 read with Section 34 IPC and thereafter the c; During the trial the prosecution examined about 12 witnesses and got a large number of documents exhibited. Out of the 12 prosecution witnesses examined by the prosecution, two have been cited as eye -witnesses, namely. PW 7 Lalaram and PW 9 Birdaram. The learned Additional Sessions Judge after due trial found the accused persons guilty on the evidence produced by the prosecution and convicted and sentenced the accused persons as aforesaid. Aggrieved against this, the accused persons have preferred the present appeal before this Court.
(3.) WE have heard learned Counsel for the appellants and the learned Public Prosecutor and have also perused the record.;