P. MITTAL, J.

(1) This appeal is directed against the judgment dated 26.11.1997 and the order on sentence dated 28.11.1997, whereby the Appellants Pradeep and Dinesh were convicted for the offence punishable under Section 302 and 201 read with Section 34 of the Indian Penal Code (,,IPC). They were sentenced to undergo imprisonment for life and to pay fine of 500/- each under Section 302/34 IPC. In default of payment of fine, the Appellants were sentenced to undergo further rigorous Imprisonment for one month. They were further sentenced to undergo rigorous Imprisonment for one year and to pay fine of 500/- each under Section 201/34 IPC. In default of payment of fine, the Appellants were sentenced to undergo further Simple Imprisonment for one month.

(2) The facts of the case can be extracted from para 1 to 4 of the impugned judgment. These are :-

"1. Sudhir Goel (now deceased) was residing alongwith his father Bhagwan Dass at H.No.BE-153, Hari Nagar on or prior to 4.3.94. He was studying in 9 th class, Section D, Navyug Vidhayala, Sarojini Nagar, Rajnish, Avinash, Arun, Jitender were also studying at the said school. Rajnish and Avinash were class-fellows of Sudhir Goel (now