judgment

Lokeshwar Singh Panta, J. —

1.The above-said two appeals relate to single incident and are directed against common Judgment dated 22nd December, 2005 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in Criminal Appeal No.2290 of 2004, they are heard together and shall stand disposed of by this common judgment.

2.Criminal Appeal No.763 of 2006 has been filed by G. Venkatesh (A-1) against his conviction under Section 302 of the Indian Penal Code [for short ‘IPC’] and sentence to undergo imprisonment for life and to pay a fine of Rs.2000/-, in default thereof to suffer simple imprisonment for two months. Criminal Appeal No.758 of 2006 has been filed by J. Ramulu (A-2) against his conviction under Section 302 read with Section 34 of IPC and sentence to undergo imprisonment for life and to pay a fine of Rs.2000/-, in default thereof to suffer simple imprisonment for two months, passed by II Additional Metropolitan Sessions Judge, Hyderabad and confirmed by the High Court in Criminal Appeal No. 2290 of 2004. 3.In all, nine accused persons were tried by the II Additional Metropolitan Sessions Judge, Hyderabad, in Sessions Case No.352 of 2001 for the offences under