Vipul M. Pancholi, J.—Both these appeals are filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) against the common judgment of conviction dated 17.03.2004 and order of sentence dated 19.03.2004, passed by learned 1st Additional Sessions Judge, Begusarai in Sessions Trial No.124 of 2002, arising out of Bakhri P.S. Case No.82 of 2001 whereby the court has convicted both the appellants for the offences punishable under Sections 364, 302, 201 read with Section 34 of the Indian Penal Code and they have been sentenced to suffer RI for life and a fine of Rs.2000/- under Sections 302/34 of the Indian Penal Code. The appellants have further been sentenced to suffer imprisonment for seven years and a fine of Rs.2000/- for the offence punishable under Sections 201/34 of the Indian Penal Code and both the sentences shall run concurrently. In default of payment of fine, both the convicts shall further serve the sentence of imprisonment for a period of two months each for each count.

2. The factual matrix of the present case is as under:—

2.1. Fardbeyan of Ruby Devi came to be recorded on 26.10.2001 wherein the informant has stated that on 25