Lokeshwar Singh Panta, J.—Munshi Ram and Dr.Gopal Krishan appellants herein were tried by the Additional Sessions Judge, Shimla in Sessions trial No.48-S/7 of 1995 for the offence under Section 314 read with Section 34 of the Indian Penal Code. The learned Additional Sessions Judge by judgment and order dated 10.8.1998 convicted both the appellants of the charges levelled against them and sentenced them to undergo rigorous imprisonment for two years and to pay fine of Rs. 500/- and in default of payment of fine to suffer two months rigorous imprisonment.

2. The appellants have filed two separate appeals challenging their conviction and sentence. Both these appeals are heard together and being disposed of by this common judgment.

3. The case of the prosecution was that PW-7 Roshan Singh made statement dated 27.11.1992 Ext. PW-7/A under Section 154 Cr.P.C. to the Station House Officer, Police Station, Rohru alleging inter alia that on 26.11.1992 at about 3.30 P.M. he came to know that his niece Ms.Usha Devi was lying in unconscious condition in a private clinic, Chirgaon District Shimla. He immediately rushed to Chirgaon and reached there at about 4 P.M. On inquiry made by him