Judgment :

C. Nagappan, J.

1. Leave granted

2. This appeal is preferred against the judgment of the High Court of Uttarakhand at Nainital in Criminal Appeal No.176 of 2010.

3. The present appellant was appellant No.2 in Criminal Appeal No. 176 of 2010 and he along with appellant No.1 therein Ganga Ram, was tried in Sessions Trial No.1 of 2008 on the file of Sessions Judge, Pauri Garhwal for the alleged offence under Section 302 read with Section 34 IPC and they were found guilty of the charge and convicted and sentenced each to undergo imprisonment for life and to pay a fine of Rs.50,000/- each and in default to undergo imprisonment for 5 years. Aggrieved by the conviction and sentence both the accused preferred appeal in Criminal Appeal No.176 of 2010 and the High Court by judgment dated 9.7.2013 dismissed the appeal. Challenging the conviction and sentence appellant/accused No.2 Chetram has preferred the present appeal.

4. The case of the prosecution in brief is as follows: PW1 Dharam Singh and deceased Udairaj are sons of PW5 Sohan Singh. Accused No.1 Ganga Ram is the son of Rampal, the brother of PW5 Sohan Singh. Accused No.2 Chetram is brother-in-law of Ganga Ram. Accused No.2