Justice Dharam Chand Chaudhary, J.:

This judgment will dispose of both appeals arising out of the judgment dated 4.1.2006 in Sessions Trial No.35-ST/7 of 2005/2003 whereby the appellants, hereinafter referred to as “the accused” have been convicted for the commission of an offence punishable under Sections 302 and 380 read with Section 120B of Indian Penal Code and each of them sentenced to undergo imprisonment for life under Section 302 read with Section 120B of Indian Penal Code and to undergo rigorous imprisonment for 5 years and to pay fine of Rs. 10,000/- each under Section 380 read with Section 120B of Indian Penal Code.

2. The charge against the accused is that on January 30, 2003 they hatched a conspiracy to enter the house of PW-11 Mehar Singh at village Sataun to commit theft. In furtherance of the conspiracy the accused hatched, they entered Mehar Singh’s house at village Sataun, Tehsil Paonta Sahib, District Sirmaur on 30.1.2003 itself and murdered Bhajjo Devi, his wife and thereafter they committed theft by stealthily removing coins, ornaments of silver and gold from the house. They, however, denied the charge so framed under Sections 302 and 380 read with Sect