Sunil Gaur, J.

1. The above captioned two appeals arise out of common impugned judgment of 28th November, 2016, vide which both the appellants have been held guilty of the offence under Section 302/34 of IPC and vide impugned order of 30th November, 2016, they have been sentenced to imprisonment for life and fine with default clause.

2. Since these two appeals arise out of common impugned judgment and order, therefore, with the consent of counsel representing both the sides, these appeals have been heard together and are being disposed of by this common judgment.

3. The substratum of the prosecution case, as noticed in the impugned judgment, is as under:-

“2. Case of the prosecution is that on 10.12.2013 at about 8:00 pm. Surender Nagar (the complainant) came to Shani Bazar, Near Government School in his vehicle to collect the fare of his vehicle and once he reached Kirari Road, he saw his nephew Satish who was sitting on his motorcycle no.DL4SBT-2806 and was talking to Kamlesh w/o Kamal. The moment he parked his vehicle in front of meat shop and came out, he noticed that Kamal (the accused no.2/husband of Kamlesh) and one more boy attacked upon Satish. Accused no.2 was carry