JUDGMENT :

[Sanjay K. Agrawal, J.]

1. Since both the above criminal appeals have arisen out of one and same judgment dated 13-11-2015 passed by the learned 2nd Additional Sessions Judge, Durg in Sessions Trial No.182/2014 and since common question of fact and law is involved in both the appeals, they have been clubbed together, heard together and are being disposed of by this common judgment.

2. Sole appellant in Cr.A.No.266/2016 J. Venkatesh and sole appellant in Cr.A.No.525/2016 Rajkumar Pandey have preferred by these two appeals under Section 374(2) of the CrPC against the impugned judgment convicting them for the offences punishable under Section 302 read with Section 34 of the IPC and sentencing them to undergo imprisonment for life with fine of Rs. 250/- each, in default, to further undergo rigorous imprisonment for six months.

3. Case of the prosecution, in brief, is that on 15-8-2014 at night 8 p.m. at J.P. Chowk, Near Jhola Kunwa, Camp-2, Bhilai, Police Station Chhawni, in furtherance of their common intention, the appellants herein and one juvenile accused Shiva assaulted deceased Laxman Thakur by wooden stick by which he suffered injury on his head and succumbed to death an