Nirmal Yadav, J.

The accused appellants have challenged the judgment and order dated 10.09.1999 passed by Special Judge (CBI) / Additional District Judge, Nainital in sessions trial no. 234 of 1990 vide which they have been convicted under section 302 read with section 34 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 1000/- each and in default of payment of fine, they have been ordered to undergo further simple imprisonment of one month each.

2. Facts of the case, in brief, are that on 24.11.1989 at about 3.30 p.m. deceased Jaswant Singh along with his younger son Palvinder Singh was going from Rudrapur to his village Bhamrola when they reached on the side lane of the canal, accused Angoori Devi along with her brother-in-law Chandra Pal Singh alias Daroga armed with gun, Vijay Pal Singh armed with country made pistol and Basant Kumar armed with farsa came out of the sugarcane field and encircled Jaswant Singh and Palvinder Singh. Accused Angoori Devi exhorted to kill Jaswant Singh, as he had murdered her brother, thereupon Chandra Pal Singh and Vijay Pal Singh fired with their respective weapons and Basant Kumar gave farsa injury. On alarm be