M.A.A. Khan, J. - (1.) This is an appeal under section 374(2) Cr.RC. from the judgment and order dated May 25, 1996 made in Sessions Case No. 16/95 whereby the learned Additional Sessions Judge Malpura, Distt. Tonk, held the appellant guilty of the offence under section 302 r/w. Section 34 IPC, convicted him as such and sentenced him to imprisonment for life and fine of Rs. 1,000/-.
(2.) Facts, relevant and sufficient to dispose of the present appeal, may shortly be stated thus :
(3.) On December 13, 1994 Radhey Shyam deceased had gone to Malpura from Diggi to participate in the marriage of the daughter of PW 12 Jagdish Prasad Soni. After having attended the marriage function when he and his cousin, PW 5 Bal Kishan, were returning at about 9.00 p.m. and had reached the turning point of the Paniharon Ki Gali, two boys, one clad in black clothes and the other in white ones, came from behind. They stabbed.the deceased and caused injuries to Bal Kishan with knives and ran away. Bal Kishan and some other persons who had reached there by then lifted Radhey Shyam, who had fallen and took him to Azad Chowk wherefrom he was taken to the local Hospital.;