R.K. GAUBA, J:

1. The appellants with one another (Satish Chander @ Chandra) were sent up for trial before the court of Sessions on the basis of report under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) submitted on 13.11.1990 upon conclusion of investigation into first information report (FIR) No.222/1990 of police Station Dabri (the police station) for offences punishable under Sections 302/324 read with Section 34 of Indian Penal Code, 1860 (IPC). Upon consideration of the evidence gathered during investigation by the police, as set out in the said police report (charge sheet), the learned additional sessions judge in seisin of the sessions case (No.30/1992) framed charge against all the four said persons for offences under Sections 302 read with Section 34 IPC.

2. Midway the trial, the fourth accused (Satish Chander @ Chandra) jumped bail and inspite of the issuance of duress process against him, his presence could not be secured. He was declared a proclaimed offender by the trial court vide order dated 27.02.1999. The trial continued against the remaining three (appellants before this Court) and culminated in judgment on 2nd March, 2000 whereby all of