1. - Both the appeals, arising out of the same judgment and order dated 30.1.06 passed by the Addl. District & Sessions Judge, (Fast Track), Hindaun City, District Karauli (hereinafter referred to as 'the trial court') in Sessions Case No. 49/04 (27/04), were heard together and are being disposed of by this common judgment.

2. The trial court has convicted the appellants-accused of both the appeals for the offence under Section 302 read with Section 34 of IPC and directed to undergo life imprisonment and to pay fine of Rs. 5,000/-, each and in default thereof to undergo further rigorous imprisonment for six months.Factual Matrix

3. Briefly stated, the case of the prosecution before the trial court was that a report came to be lodged by the complainant Girraj S/o Thandiram on 30th September, 2003 at about 7.45 A.M. that on 29.9.03 at about 10 A.M. his brother Dhansi had gone to his field for harvesting the crop of 'Bajra'; that he was being followed by his wife Sushila and one Jagdish S/o Mulyaram Meena; that the said Jagdish and Sushila started quarreling with and beating his brother Dhansi; that the said Dhansi therefore went back to his house, however the said Jagdish and