V.K. Ahuja, J.

1. This is an appeal filed by the Appellants against the judgment of the Court of learned Sessions Judge, Shimla, dated 30.11.2005, vide which the Appellants were held guilty under Section 307/34 I.P.C. and sentenced to undergo rigorous imprisonment for 10 years each and a fine of Rs. 5,000/- each. In default of payment of fine, the Appellants were to further undergo imprisonment for six months.

2. Briefly stated the facts of the case are that on 12.7.2004, at about 9.00 a.m., PW-13 Shami Verma, resident of Mashobra, was present at BCS at Khalini-Dhalli Bye-Pass. She saw PW-5 Kumari Ishita there crying with burn injuries, who had jumped into a water tank nearby. She took out PW-5 Kumari Ishita from the tank, gave information to the Police Post, New Shimla, that a girl with burn injuries is present near her residence and this information Ext.PR was recorded by the Incharge of the Police Post, New Shimla, who deputed a police officer on wireless set to go to the spot. PW-36 Shakuntla Sharma went to the spot, shifted the girl to the hospital and recorded her statement, on which the case was registered. It came up during investigation that when PW-5 Kumari Ishita w