G.S. Sistani, J.

1. Present appeals have been instituted under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) against the judgment of the Trial Court dated 02.03.2015 in Sessions Case No.30(1)/10, FIR No.252/10, Police Station New Usmanpur and the order on sentence dated 03.03.2015, by which the appellants have been sentenced to imprisonment under Sections 302/34 IPC for life and a fine of Rs.5,000/- each and in default of payment of fine, the appellants have been sentenced to simple imprisonment for one month each.

2. Both Mr. Arvind Kumar, learned counsel appearing for the appellant Sahibe Alam @ Nakta in Crl.A.651/2015 and Mr. Kaushal Yadav, learned counsel appearing for the appellant Faisal @ Sibhu in Crl.A.412/2015 have raised common arguments.

3. Before the rival submissions of the learned counsels of the appellants can be considered, we deem it appropriate to notice the case of the prosecution.

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

“1. On 07.08.2010 at 10.45 p.m., PW-22 HC Narayan Singh, Duty Officer, PS New Usmanpur received a wireless message from police control room that thre