These two appeals have been preferred against the judg ment and order passed by VIth Addl. Sessions Judge, Meerut on 16-11-19m in Sessions Trial No. 457 of 1980 whereby the appellants Goverdhan, Mulesh-pal and Ompal have been convicted under Section 302/34, IPC and sentenced to life imprisonment while appellants Muleshpal and Ompal have been further convicted under Section 394/34, IPC and sentenced to three years R. I. both sentence have been ordered to run concurrently.

2. Two charges were framed against the appellants during the trial. First was that on 22-4-1980 at about 6. 15p. m. near the brick-kiln in the jungle (Fields) of Village Kanoda situated on G. T. Road, Police Station paper tosned District Meerut they intentionally committed the murder of Omvir by firing at him thereby committed an offence punishable under Sec tion 302/34, IPC second charge against them was that in furtherance of the common intention the appellants robbed Omvir decease of his catridges and also his licensed rifle and thereby committed an offence punishable under Section 394/34, IPC.

3. During the trial 12 witnesses were examined out of whom PW 1, Kiran Pal Singh, PW 3, Prahlad Singh, P