Sunil Kumar Sinha, J.

1. This appeal is directed against the judgment dated 28th of July, 2001, passed in Sessions Trial No. 364/1999 by the 4th Additional Sessions Judge, Link Court, Pendra Road, Bilaspur. By the impugned judgment, appellant No. 1-Ramanand Pandey (A-1) has been convicted under Section 302 IPC and appellant No. 2-Smt. Asha Devi alias Guddi (A-2) has been convicted under Sections 302/34 IPC and both have been sentenced to undergo R.I. for life and to pay fine of Rs. 1000/- with default sentences of R.I. for 6 months. The facts, briefly stated, are as under:--

1.1. Deceased-Naresh Pandey was a Mechanic in Railways. Appellant - Ramanand (A-1) was also a worker in Railways. Appellant - Smt. Asha Devi alias Guddi (A-2) is wife of the deceased. Deceased-Naresh Pandey and appellant-Smt. Asha Devi alias Guddi (A-2) were residing together in Railway Quarter No. 36/1, situated in Railway Colony, Pendra Road, Bilaspur. Appellant - Ramanand (A-1), being friend of the deceased, was also residing with them in their Railway Quarter since last 21 days, as he had vacated his rented premises on account of request of his landlord-Gunnu Nayak (PW-8).

1.2. On 1st August, 1999 at a