1. - Of these matters, Criminal Appeal No. 272/2005 has been filed by accused-appellants, namely, Ramkumar and Harikishan, which seeks to challenge judgment and order of learned Additional Sessions Judge (Fast Track) Kishangarhbas, District Alwar, dated 28.01.2005 in Sessions Case No.49/2003, by which they were convicted for offence under Section 302 read with Section 34 of the Indian Penal Code and sentenced to life imprisonment with fine of Rs.2000/- each, in default of payment of which, they were further directed to further undergo one year's rigorous imprisonment.

2. Facts leading to present appeal are that one Pyarelal submitted a written report on 08.12.2002 to Station House Officer, Police Station Khairthal, Alwar, alleging therein that in the morning of 08.12.2002 at about 6.30 Hrs., he, i.e. the informant, Phoolsingh, Lalaram, Gangaram, Chandram and Ramesh. were going from village Sorkha Khurd to Khairthal for selling their tomato-crop; on the road they were intercepted by Sohanlal, Ramchandra, Harikishan, Ramkumar, Lajja, Anaro, Bimla, Kamla; who were armed with 'lathis', 'pharsis' and 'chantia', started beating them. Complainant had ten thousand rupees with him