M.R. Verma, J.—This appeal is directed against the judgment dated 5.10.2004 passed by the learned Sessions Judge, Hamirpur whereby the appellants-accused (hereafter referred to as A-l and A-2 in the order as mentioned in the Cause Title) have been convicted and sentenced as follows: Accused Section under which convicted Sentenced imposed Krishan Kumar(A-l) 304 Part II, IPC Rigorous imprisonment for 7 years and fine Rs. 5,000/- and in default of payment of fine further imprisonment of six months. Sanjay Kumar (A-2) 325, IPC Rigorous imprisonment for 2 years and fine Rs. 1,000/- and in default of payment of fine further imprisonment of one month.

2. Case of the prosecution in brief is that Giffo Devi (since deceased), mother of Man Chand (PW-1) used to reside in village Balu alongwith her widowed daughter-in-law Praveen Kumari (PW-4) and children of PW-4. Other sons of Giffo Devi, namely Man Chand (PW-1), Dharam Paul (PW-2), Braham Dass (PW-11), are residing in separate houses located at some distance from the house of the deceased. Adjacent to her house is her Courtyard whereon there is a cowshed and the other part of the Courtyard is used for tethering the cattle. Opposite