ORDER

Appellants in both these appeals were convicted by sessions court for offences under sections 302/34, 323/34 and 341/34 of the Indian Penal Code. For offence under section 302 read with 34, life imprisonment with fine of Rs. 25,000/- (twenty five thousand) on each of them was imposed and in default for payment of fine, they were directed to undergo imprisonment for a period of three years. For other two offences, one year s simple imprisonment with fine of Rs. 500/- and one month s simple imprisonment with fine of Rs. 500/- was respectively imposed. All substantive sentences were ordered to be run concurrently. The appeals challenging the conviction and sentence passed by the sessions court were dismissed by the High Court and therefore, these appeals have been filed on grant of leave.

2. The prosecution case in brief is that the appellants visited the house of deceased Om Singh at about 10.30/11.00 p.m. on 1st May, 1999. Om Singh went with them on a motor cycle. All the three had friendly relations. At 7.00 a.m. on 2nd May, 1999 appellant Nathu Singh Rathore came to the house of Om Singh and informed his son Sher Singh (PW 1) that Om Singh had an accident and was lying at Khir