Honble SINGH, J.–Heard the learned counsel for the appellants and the learned Public Prosecutor.

(2). This appeal has been filed by the appellants Shanker Nath, Bhanwar Nath, Kishan Nath and Bhagirath Nath against the judgment dated 5.06.1997 passed by the learned Additional District & Sessions Judge, Ratangarh in Sessions Case No.58/93-State vs. Shanker Nath & Ors. By the aforesaid judgment, the appellants Shanker Nath, Bhanwar Nath, Kishan Nath and Bhagirath Nath were convicted under Section 302 read with Section 34 of the Indian Penal Code and each of them was sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/-and to undergo rigorous imprisonment for six months for default in payment of fine.

(3). On 12.06.1993 at 5.30 P.M., statement of Vinod Kumar S/o Bhanwar Lal was recorded by the Station House Officer of the Police Station, Sandawa and, on the basis of that statement, the police registered the First Information Report No.38/93 in respect of offences punishable under Sections 307 and 342 read with Section 34 of the Indian Penal Code. In his statement (Ex.P.2), Vinod Kumar stated that he earned living by transporting bricks on his tractor on hire. On 12.06

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