H.B. Prabhakara Sastry, J.

1. Being aggrieved by the judgment of conviction and order of sentence dated 27.07.2012 in S.C. No. 1072/2009 passed by the Addl. Sessions Judge, Fast Track Court-XIV, CCC, Bangalore City (hence forth for brevity referred to as the 'Sessions Court') wherein the accused No. 1 and 2 were convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and accused No. 2 alone was convicted for the offence punishable under Section 307 of the Indian Penal Code, those two accused No. 1 and 2 have preferred this appeal.

2. In their memorandum of appeal the appellants have stated that the Court below has grossly erred in appreciating the evidence which has wrongly come to the conclusion that P.Ws. 1 and 2 were the eye witnesses to the alleged incident. It ignored the omissions and contradictions elicited in the evidence of P.Ws. 1 and 2. It also ignored the fact that P.W. 21 the Investigating Officer had wrongly attributed a strong motive as against the present appellants who were already in the custody prior to the occurrence and the said Investigating Officer was instrumental in fixing the appellants as accused. The s