Sudhir Singh, J.—The present criminal appeal has been preferred in the year 1995 i.e. 27 years ago against the judgment of conviction dated 30.08.1995 and order of sentence dated 31.08.1995 passed by 3rd Additional Sessions Judge, Aurangabad in Sessions Trial No. 127/93/9/93 (arising out of Madanpur P.S. Case No. 104/92), whereby and whereunder the appellants have been convicted under Section 302/34 and 380 of the Indian Penal Code and sentenced to undergo imprisonment for life under Section 302/34 of Indian Penal Code and to undergo imprisonment for a period of three years under Section 380 of the Indian Penal Code with direction that both the sentences shall run concurrently.

2. It is the case of the prosecution as narrated by the informant (P.W.4) in his fardbeyan that on previous night i.e. 27.07.92, he was sleeping in a room facing east side and affixed taati on the gate. His father was sleeping on the south facing side of the room and his brothers were sleeping on the west facing side of the room. In the said house, there was another room facing north in which his mother (P.W.6), step mother Kamla Devi (P.W.7) and his wife Shanti Devi (P.W.8) were sleeping together. At about 1