Bansi Lal Bhat, J.

This appeal is directed against judgment dated 28.09.2012 convicting the appellants under Sections 302, 348 read with 34 of RPC and the order of sentence dated 29.09.2012 formulated by learned Sessions Judge, Ramban in terms whereof appellants have been sentenced to imprisonment for life and fine of Rs.10,000/- ( Rupees Ten Thousand) for offence under Section 302/34 of RPC and rigorous imprisonment for a period of three years and a fine of Rs.1000/- (Rupees One Thousand) for commission of offence under Section 348 of RPC. Substantive sentences have been directed to run concurrently. In default of payment of fine, the accused have been directed to undergo imprisonment for three months under Section 302, RPC and fifteen days under Section 348 of RPC. Confirmation Reference No. 23/2012 has been made by the learned Sessions Judge in terms of Section 374 of Cr.P.C. Conviction appeal and confirmation reference were heard together.

2. It is apt to refer to the facts leading to prosecution of appellants (hereinafter referred to as ' accused ) entailing their conviction and sentence.

3. On 19.09.2004 informant Dalip Singh walked into Police Station, Ramban with