1. Challenge in these two appeals is to the judgment dated 02.12.2011 and order on sentence dated 14.12.2011 qua accused Veer Bahadur Singh and order on sentence dated 15.04.2013 qua appellant Keshav Kumar alias Sajan, vide which both the appellants were convicted under Section 307/397/34 IPC as under and were sentenced as under:-

(i) Under Section 397 IPC to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5000/- in default six months further rigorous imprisonment.

(ii) Under Section 307/34 IPC to undergo three years rigorous imprisonment and to pay a fine of Rs.3000/- in default further three months rigorous imprisonment.

2. Filtering the unnecessary details the broad essential facts as put forth by the prosecution are that on receipt of DD No.40A Ex.PW9/A, ASI Hawa Singh alongwith Constable Ram Kumar reached Kamla Mai Hospital where they came to know that injured Hari Kishan was brought in the hospital but since his condition was serious as such, he was sent to DDU hospital. In the meanwhile, ASI Hawa Singh received DD No.41A Ex.PW9/B regarding admission of injured in DDU hospital. Accordingly, he went to DDU hospital and inspected the MLC. The do