JUDGMENT :

RAJIV SHARMA, J.

1. This appeal is instituted against the judgment dated 30.4.2003 and order dated 2.5.2003, rendered by learned Additional Sessions Judge, Karnal, in Sessions Case No. 8 of 2003, vide which accused Jaipal and Ram Lal were charged with and tried for the offence punishable under Section 302 read with Section 34 IPC. They were convicted thereunder and sentenced to undergo life imprisonment and to pay fine of Rs. 1,000/- each and in default of payment of fine to further undergo rigorous imprisonment for six months.

2. The case of the prosecution, in a nutshell, is that Dharma Ram on 20.9.2001 lodged the complaint to the effect that on 18.9.2001 at about 4.30 P.M., while he was sitting in front of his house situated in village Randoli, accused Ram Lal and Jaipal residents of his village came to the house of his son Ved Pal alias Vedu. They asked his son to accompany them for catching fish from river Yamuna. Ved Pal alias Vedu accompanied them after taking a bag and kanta dori (equipment to catch fish). In the night Ved Pal alias Vedu did not return. On 19.9.2001 enquiries were made from Jaipal. Jaipal told the wife of Ved Pal alias Vedu that Vedu was catching fi