JUDGMENT - VISHNU SAHAI, J. :---Since both these appeals arise out of the same set of facts, we propose disposing them of by a common Judgment.

Vide Judgment and Order dated 12-8-1993, Shri V.C. Singh, Additional Sessions Judge, Greater Bombay, in Sessions Case No. 66 of 1990 and Sessions Case No. 49 of 1991, convicted the appellants of both the appeals on two counts, namely section 387 read with section 34 I.P.C. and 302 read with section 34 I.P.C.; whereas under the first count, he awarded each of the appellants a sentence of five years R.I. and a fine of Rs. 1,000/- in default to further undergo R.I. for 30 days, on the second count, he sentenced them to undergo imprisonment for life and to pay a fine of Rs. 1,000 in default of payment of fine, to further undergo R.I. for 30 days. The substantive sentences of the appellants were directed to run concurrently. These convictions and sentences have been challenged in the present appeals.

2. The prosecution in brief, as emerging from the recitals contained in the F.I.R., dying declaration of the victim and the evidence of the two eye witnesses namely Abdul Hamid P.W. 1 and Abdul Majid P.W. 2 runs as follows :---

The victim (deceased)

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