G.S. Sistani, J.

1. Both the appeals have been heard together. Arguments have been addressed by the learned counsel for the parties and the same are being disposed of by a common judgment.

2. Both the appeals have been filed under Section 374 of the Code of Criminal Procedure and are directed against the judgment and order on sentence dated 09.10.2000 passed by the learned Additional Sessions Judge in Sessions Case No.15/1998, arising out of FIR No.725/1996 registered at Police Station S.N. Puri. By virtue of the order of conviction, both the appellants were convicted under Section 302 read with Section 34 of the Indian Penal Code (hereinafter referred to as ‘IPC’) and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/- each, and in default of the payment of fine to further undergo simple imprisonment for a period of three months.

3. The case of the prosecution as noticed by the learned Trial Court is as under:

“Police filed a challan under Section 302/34 IPC and Section 27 of the Arms Act against accused Babu, Mohd. Rashid, Vir Singh, Navab-U-din and Mohd. Yusuf. Accused Navab-U-din has been sent to Juvenile Court to face trial since he was a child. A