Sudhir Singh, J.—Heard Mr. Prashant Kumar, learned Amicus Curiae for the appellants and learned A.P.P. for the State.

2. By order dated 22.06.2023 passed by this Court, Mr. Prashant Kumar, learned advocate was appointed as Amicus Curiae to represent the appellants at the cost of the State.

3. The present criminal appeal has been preferred against the judgment of conviction dated 18.8.1995 and order of sentence dated 19.8.1995 passed by Sri Awadhesh Kumar Verma, 3rd Additional Sessions Judge, Aurangabad in Sessions Trial No. 370 of 90/37 of 91 (arising out of Obra P.S. case No. 70/90) whereby and whereunder the appellants have been convicted for the offence under Sections 302/34 of the Indian Penal Code and sentenced them to undergo imprisonment for life.

4. The prosecution case as per the fardbeyan of informant, namely, Smt. Surti Devi is that on 5.8.1990 at about 9.00 a.m. she was going with her husband, namely, Rajeshwar Yadav for sowing paddy crops in her field situated at south of the village and when they reached on the road in front of dalan of Prasadi Yadav, said Prasadi Yadav instigated his nephews Keshav Yadav, Krishna Yadav and Yugal Yadav from the dalan to kill Rajeshwar Ya