1. The appellants are aggrieved by their conviction under Sections 302/34 IPC, for which they have been sentenced to undergo life imprisonment and to pay fine of Rs. 1 lac each, in default, to undergo further simple imprisonment for a period of one year.

2. Case of the prosecution is that for the murder of Dilbagh Singh, brother of the appellants, Vinod deceased, Krishan deceased, Ram Niwas, Ganga Sarup and Satish were convicted and sentenced to undergo life imprisonment. Vinod and Krishan were availing parole for 42 days at the time of incident dated 9.7.2004 at 5 PM. Vinod, Krishan and their brother Sonu had gone to the tube well of their uncle Ram Niwas. Ram Niwas was on bail. Ram Niwas and Mahabir, father of Vinod were sitting near the tube well. Vinod, Krishan and Sonu went towards the fields to answer the call of nature. Appellants Jagdish and Anand Sarup alongwith co-accused Magha Ram and Jai Parkash (who were declared proclaimed offenders) came on their tractor with their weapons. Magha Ram and Anand Sarup were armed with gandasis, while Jagdish and Jai Parkash were armed with axes. They shouted that Vinod and Krishan should not be allowed to escape and revenge for