AVNEESH JHINGAN, J.

1. The present appeal has been preferred by the appellants against the judgment of conviction dated 23.08.2011 and the order of sentence dated 23.08.2011 passed by the learned Additional Sessions Judge, Ludhiana, vide which all the three appellants have been held guilty and convicted for the offences punishable under Sections 302, 436, 427, 380 and 201 read with Section 34 of the Indian Penal Code, 1860 (for short – 'IPC') and have been sentenced as under :-

Name of the Convicts	U/S	R.I.	Fine	In default
Sunil Kumar, Shahzaad Khan and Gurdit Singh alias Baljita	302 read with 34 IPC	Life imprisonment	Rs.10,000/-	Six months R.I.
Sunil Kumar, Shahzaad Khan and Gurdit Singh alias Baljita	436 read with 34 IPC	10 years	Rs.5,000/-	Three months R.I.
Sunil Kumar, Shahzaad Khan and Gurdit Singh alias Baljita	427 read with 34 IPC	1 year	-	-
Sunil Kumar, Shahzaad Khan and Gurdit Singh alias Baljita	380 read with 34 IPC	2 years	Rs.500/-	Seven days R.I.
Sunil Kumar, Shahzaad Khan and Gurdit Singh alias Baljita	201 read with 34 IPC	3 years	Rs.500/-	Seven days R.I.

2. The facts giving rise to the prosecution case against the appellants were that SI/SHO Varinderjit Singh P.S. Salem Tabri, Ludhiana on 02.02.2007 received a telephone call from MHC Davinder Singh that the house of Sukhdev Singh had been set on fire. Upon this, SI/SHO Varinderjit Singh along with other police officials reached the house of Sukhdev Singh situated at Aman Nagar, Ludhiana. Surjit Kaur wife of late Sohan Singh resident of Village Nagar then resident of the back of Gurudwara, Takht Garh, Phillaur aged 70 years met him. She got her statement recorded. She stated that she was resident of above said address. Her husband died about 10 years earlier. She had three sons. Her youngest son Sukhdev Singh was married and residing in a rented house at Aman Nagar, Ludhiana with his wife Kuldeep Kaur, son Devinder Singh aged about 14/15 years and another son Jatin aged about 5 years (all four deceased in the case). The complainant stated that on the said date i.e. 02.02.2007 in the morning at about 8 O'clock her eldest daughter-in-law, namely, Ramesh wife of Hargobind called her on phone from Ludhiana and informed that the house of Sukhdev Singh was on fire. She (Ramesh) was leaving for the house of Sukhdev Singh and that she i.e. the complainant should also reach there. On hearing the phone call, the complainant along with her grandson Baljinder Singh by riding a motorcycle reached the house of her eldest son Hargobind Singh. On reaching the house of Sukhdev Singh, she saw that people had doused the fire of his house, where he resided on rent. The double bed lying in the first room of the house was completely burnt. At the bed place, the dead bodies of her daughter-in-law Kuldeep Kaur and two grandsons Devinder Singh and Jatin were lying in a completely burnt condition and these were beyond recognition. In the second room, in front of the door of the said room, the dead body of her son Sukhdev Singh was lying in a somewhat burnt condition. At the spot, the complainant also met Avtar Singh son of Harmel Singh resident of Peer Wali Gali, near Jassi Tent House, Aman Nagar, Ludhiana and Surjit Singh son of Inder Singh resident of Peer Wali Gali, Aman Nagar, Ludhiana. They informed the complainant that in the morning they noticed fire flames coming out of the rooms and that the outer iron gate of the house was locked with a lock from outside. They broke open the lock and entered inside. The rooms were also bolted from outside. All of them started extinguishing the fire with water. In the meantime the fire brigade reached at the spot. After controlling the fire they noticed that Sukhdev Singh, Kuldeep Kaur, Devinder Singh and Jatin were lying dead due to burn injuries and even the