S.S.SARON, J.

1. This appeal has been filed by the appellants-Parmeshwari, who is the widow of deceased in the case namely Makhan Singh, and Om Parkash son of Mani Ram against the judgment of conviction dated 04.03.2010 and order of sentence dated 05.03.2010 passed by the learned Sessions Judge, Sirsa. The appellants have been convicted by the learned Sessions Judge, Sirsa for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code ('IPC' - for short) and sentenced to undergo imprisonment for life; besides, pay a fine of Rs.10,000/- each and in default thereof, to undergo further simple imprisonment for two months for the said offence.

2. The prosecution case is based on statement (Ex.P21) of Birbal complainant (who died during trial) recorded by SI Ajmer Singh (PW-18), In-charge, Police Post J.J. Colony, Sirsa on 21.11.2006. The complainant Birbal stated that he was resident of village Bhamboor, Police Station Sadar Sirsa. He did labour work. He had a daughter and two sons. The eldest of his children was his daughter and younger to her was his son Makhan Singh (deceased in the case) and the youngest son was Mahinder Singh. His son Makhan Sing