JUDGMENT

S.P.Garg, J.

1. The appellants Kishan and Amar have preferred the present appeal against the judgment dated 02.09.1997 and the order on sentence dated 04.09.1997 of the learned Additional Sessions Judge in Session Case No.65/1996 by which they were convicted for committing offences punishable under Section 302/34 IPC. The appellant Kishan was in addition convicted for the offence punishable under Section 27 Arms Act. They were sentenced to undergo imprisonment for life with a fine of Rs.500/- each for committing offences punishable under Section 302/34 IPC. Kishan was further sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.250/- for committing offence under Section 27 Arms Act. Both the sentences were ordered to operate concurrently.

2. Criminal law was set into motion at around 10:30 P.M on 20.05.1993 when Daily Diary No.24 (Ex.PW11/A) was recorded by Ct.Balender Singh at the police post Gambri, PS Bhajanpura, on getting an information from Const.Renu that one Kapil had been stabbed with a churi near the house of one Atul Rehman, Gali No.3, Gautam Vihar.

3. Investigation was assigned to ASI Ram Kirpal who with Ct.Manbir reached the s