JUDGMENT

M.R. Verma, J. - Since both these appeals arise out of the single judgment dated December 9, 1998 passed by the learned Sessions Judge. Chamba whereby the accused/appellants (hereafter referred to as the 'accused') have been convicted and sentenced under Section 302 read with Section 34 of the Indian. Penal Code.

2. Briefly stated the prosecution case is that on July 22. 1997 at about 3.15 a.m. telephonic information was received from one Mr. Uttam Chand, Deputy Superintendent of Police, Chamera Project Banikhet, in the Police Station. Dalhousie to the effect that one dead -body had been brought from the side of Bagdhar in the Chamera Hospital Banikhet, On receipt of this information, Officer – in - charge of Police Station Dalhouise PW-22 Rajinder Sharma reached Chamera Hospital. After inspection of the body, he prepared the inquest report Ext. PM, got the dead -body photographed and sent the dead -body for post - mortem to Civil Hospital, Dalhousie. The post - mortem of the dead – body, which was of one Puran Chand, Wireless Messenger, resident of Bagdhar. Tehsil Dalhousie, was conducted by PW-18 Dr. P.K. Ahluwalia and the post - mortem report is Ext. PN wherein it has b