JUDGMENT

A.K. SIKRI, J.

The two appellants herein are aggrieved by the judgment of the High Court pronounced on July 27, 2011, whereby their conviction under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short, ‘IPC’), as recorded by the Magistrate, has been upheld and their sentence to undergo life imprisonment with fine is also confirmed thereby.

2. The prosecution case, on the basis of which the appellants along with eleven other persons were charged for committing offences of different nature, is stated by the High Court in para 5 of the impugned judgment. There is no dispute that the prosecution version, as recorded therein, suffers from any inaccuracies. Therefore, in order to have a glimpse of the prosecution case, we would take the facts as narrated in para 5 of the impugned judgment:

3. The complainant, appellants and other accused persons are residents of Chandrapur. Complainant – Manoj Bhaskar Ugade knew both the appellants. The incident had occurred on November 17, 2002. The complainant had bought new motorcycle and with a view to celebrate the occasion, he had arranged a party at Junona in Ballarshah Tehsil. Junona is a forest place and it appear