JUDGMENT

P.K. Bahri, J.- Virender Kumar Yadav and Mukhtiar Yadav @ Mukho Yadav @ Raju have been convicted of offences punishable under Section 302- read with Section 34 of the Indian Penal Code (for short 'IPC') and under Section 201 read with Section 34 of the IPC by an Additional Sessions Judge, Delhi vide his judgment dated August 28,1991 and by subsequent order of the even date they have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 500/- each and in default to undergo rigorous imprisonment for one month each for the first count and have been also sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 500/- each and in default to undergo rigorous imprisonment for one month each on the second count. They have come up in appeal challenging their convictions and sentences.

2. Facts of the case, in brief, are that Ashok since deceased. PW6 Gogan Yadav and PW7 Rajinder had come to Delhi for earning their livelihood from their village Sakra Paharpur. P.O. Simribak Tungar Pur, District Saharsa (Bihar). Ashok was working as a labourer in Cannaught Place area whereas PW6 and PW7 were playing rickshaws at the relevant time.