Judgment :-

Altamas Kabir, J.

Leave granted.

2. The Appellants herein, Raju and Mangli, along with Anil alias Balli and Sucha Singh, were sent up for trial for allegedly having committed an offence punishable under Section 302 read with Section 34 Indian Penal Code. Accused Sucha Singh was found to be a juvenile and his case was separated for separate trial under the Juvenile Justice Act, 1986. The Appellants herein were convicted under Section 302 read with Section 34 IPC and were sentenced to imprisonment for life and to pay a fine of Rs. 5,000/-, in default to undergo rigorous imprisonment for a further period of three years. Anil alias Balli was convicted under Section 302 and was sentenced to imprisonment for life and to pay a fine of Rs. 5,000/-, in default to undergo further rigorous imprisonment for three years. He was also convicted under Section 25 of the Arms Act and was sentenced to undergo rigorous imprisonment for one year. The sentences, as far as Anil alias Balli is concerned, were directed to run concurrently.

3. Of the three accused, Accused Nos. 1 and 2, Raju and Mangli, have challenged their conviction under Section 302 read with Section 34 IPC.

4. Appearing on t