JUDGMENT :

MEHTA, J.

1. The instant appeal under Section 374 (2) CrPC has been preferred by the appellants Gurdas Singh @ Janta Singh @ Gurjant Singh and Nattha Singh being aggrieved of the judgment dated 23.05.2017 passed by the learned Additional Sessions Judge No.2, Hanumangarh in Sessions Case No.21/2015, whereby they were convicted for the offence under Section 302/34 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.50,000/- and in default of payment of fine, further to undergo simple imprisonment two years.

2. Brief facts relevant and essential for disposal of the appeal are noted hereinbelow.

3. Sahab Ram (P.W.3) lodged a written report (Ex.P/1) at the Police Station Goluwala on 11.07.2012 at 07.30 a.m. He stated inter alia that he and his brother Mahaveer owned a vehicle, which used to be plied for hire. On the previous day, i.e. 10.07.2012, he had taken one Raj Baba to Pakka Bhadwa for attending a Jagran. He received a call from his brother, Mahaveer, the same night at about 12 o’clock, who told him that he was driving a passenger, whom he (the informant)