JUDGMENT :

Manoj Misra, J.

1. These two appeals are against the judgment and order of the High Court of Uttarakhand at Nainital (for short “the High Court”), dated 07.04.2010, dismissing Criminal Appeals Nos.54 and 59 of 2004 filed against the judgment and order of Additional Sessions Judge/Fast Track Court Haldwani, Nainital (for short “the Trial Court”) dated 28.01.2004, and, thereby, affirming the conviction and sentence awarded to the appellants detailed below: (i) life imprisonment under section 302 read with section 34 of the Indian Penal Code, 1860 (for short “IPC”) along with one year R.I. under section 201 IPC in Sessions Trial (S.T.) No.93/2002 (State vs. Shabbir Ahmad and Another); (ii) one year R.I. with fine of Rs.500/- under section 25 Arms Act to appellant Shabbir in S.T. No.104 of 2002 (State vs. Shabbir Ahmed); and (iii) one year R.I. with fine of Rs.500/- under section 4/25 of Arms Act to appellant Ravi Mandal in connected S.T. No.105 of 2002 (State vs. Ravi Mandal).

Introductory Facts:

2. On 01.11.2001, Man Singh (PW-1), father of Chhotu @ Surjeet (the deceased), on finding his son’s dead body in a forest, 150 meters west of Government Inter College, lodged a first