P. Diwaker, J.

1. Present appeal is directed against the judgment dated 29.2.2012 passed by the Additional Sessions Judge, Gariyabandh in Sessions Trial No.32/2011 convicting the accused/appellants for the offence punishable under Section 302/34 of the Indian Penal Code (for short 'IPC') and sentencing each of them to undergo RI for life and fine of Rs.100/-, in default to undergo SI for 5 days.

2. As per case of the prosecution, on 21.3.2011 at about 5.00 a.m. in the morning there was a scuffle between the appellants and Sop Singh (since deceased) and it is alleged that both the accused/appellants after knocking the deceased down gave beating to him by hands & fists which resulted into his instantaneous death. Further case of the prosecution is that at the time of incident both the accused/appellants and the deceased had consumed liquor. As the distance between the police station and the village where the incident had taken place is more than 48 kilometer, FIR (Ex.P-8) was lodged on 22.3.2011 at 5.05 p.m. by Smt. Siya Bai (PW-1). Inquest on the body of deceased was conducted on 23.3.2011 vide Ex.P-1. Body of the deceased was sent for post-mortem examination which was condu