"Per Bansi Lal Bhat, J.

1. These two appeals arise out of a common judgment of conviction dated 02.02.2012 recorded by learned 2nd Additional Sessions Judge, Jammu on File No.74 Sessions titled ""State v. Sewak Singh and ors."" by virtue whereof appellants-Satpal Singh and Sewak Singh (hereinafter to be referred to as the `accused') stand convicted under Sections 302/120-B and 201 RPC. In terms of order of sentence formulated on 06.02.2012, the learned Trial Court slapped sentence of imprisonment for life and a fine of Rs.4,000/- upon the convicts for commission of offence under Section 302/120-B RPC and in default, to further undergo simple imprisonment for six months. They were also sentenced to undergo simple imprisonment for two years and fine of Rs.2,000/- for commission of offence under Section 201 RPC. In default of payment of fine, they were directed to suffer further simple imprisonment for three months. Both substantive sentences were directed to run concurrently. The judgment of conviction and order of sentence have been assailed by the two convicts/accused by filing separate appeals. Reference made by the learned Trial Court in terms of provisions of Section 374 Cr.PC is taken up together with the appeals which have been clubbed for hearing.

2. The facts leading to prosecution of accused along with one Jagjit Singh, who was initially declared an absconder and against whom proceedings under Section 512 Cr.PC were set in motion died during the course of trial. Facts leading to prosecution of accused, as reflected in the charge-sheet are that on 13.10.1998 at 10:05 PM, accused-Sewak Singh, Incharge SP (Operations)-Poonch based at Surankote lodged a written report with Police Station Surankote stating therein that PSI -- Ajay Gupta along with driver Mohammad Akram, Constable-Satpal Singh alias TT and Abdul Razaq -- bodyguards, while returning from patrolling duty/naka, were ambushed by anti-national elements near TCP crossing in which PSI-Ajay Gupta received bullet injury on his head. It was stated in the written report that the bodyguard had retaliated the fire and PSI-Ajay Gupta had succumbed to injuries in the hospital. This led to registration of case under FIR No.172/98 for offence under Sections 302/120-B, 121, 122 RPC, 7/25/26/27 Arms Act and Section 3 of EAO (Enemy Agents Ordinance) by Inspector-Jagjit Singh posted as SHO-Surankote at that time. Investigation was embarked upon. The blood soaked jacket of driver Mohammad Akram, SLR of accused Satpal Singh, AK-47 Rifle of Constable-Abdul Razaq and Gypsy No.8692/2E were seized. Later the investigation was taken over by Inspector-VP Samyal on 27.10.1998 when SHO-Jagjit Singh proceeded on leave. Subsequently investigation was transferred to Crime Branch, Jammu. The investigation revealed that accused Sewak Singh and PSI - Ajay Gupta (hereinafter to be referred to as the `deceased') had a scuffle in the month of August, 1998 at Surankote. Accused Sewak Singh had slapped the deceased who retaliated and in the process, turban of accused Sewak Singh fell on the ground. Both officers threatened each other and accused Sewak Singh declared that ""time will show who will kill whom?"" The scuffle created inimical relations between the two.

On 13.10.1998 in the evening, there was a party in the house of accused Sewak Singh in which CO (Commanding Officer) and 2 IC of 27 RR, a local contractor Abdul Khaliq besides the deceased participated. The Army officers and the contractor left after sometime. However, the contractor returned shortly thereafter with more alcohol and shared drinks with the deceased. Later the contractor requested accused Sewak Singh for arranging transport for dropping him at his residence. Accused Sewak Singh asked the deceased, driver Mohammad Akram, Constable Abdul Razaq and accused Satpal Singh to drop contractor Abdul Khaliq at his residence. The investigation further revealed that while the contractor and others were boarding the official gypsy, accused