JUDGMENT

Mehta, J. - The appellants Suresh and Prabhu lal have been convicted and sentenced as below vide judgment dated 28.09.2016 passed by the learned Additional Sessions Judge, No.2, Nimbahera, District Chittorgarh in Sessions Case No.26/2015 (52/2013):

2. Being aggrieved of their conviction and sentences, the appellants have preferred these appeals under Section 374(2) Cr.P.C.

3. Since both these appeals arise out of a common Judgment, they have been heard and are being decided together.

4. Facts relevant and essential for disposal of the appeals are noted herein below:

5. Mahaveer Singh (PW-1) submitted a written report (Ex.P/1) at the Police Station Bhadesar on 02.04.2013 alleging inter alia that his tube-well was located on the Bhadesar-Hoda Road near Dhaneshwar Mahadev Bus Stand. On the same day at about 06.30 AM., he had gone to his field where he saw that dead body of a young man was lying face down right besides the tube-well. Blood was splattered all around the dead body. The neck was cut by a sharp weapon and an incised wound was visible on the a