PRAFULLA C. PANT, J.

1. These two appeals, preferred under section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C. are directed against the judgment and order dated 12th September, 1995, passed by learned Additional Sessions Judge, Roorkee, in Sessions Trial No. 133 of 1991, whereby the appellants Babli alias Vinay Kumar, Suresh and Samsher alias Sakal are convicted under section 302 read with section 34 of the Indian Penal Code (hereinafter referred to as I.P.C.) and each one of the convicts is sentenced to imprisonment for life and directed to pay a fine of Rs. 500 and in default of payment of which, the defaulter convict has to undergo further one year rigorous imprisonment.

Heard learned amicus curiae for the appellants and learned Brief Holder for the State.

2. Prosecution story, in brief, is that on 10.12.1990 at about 4.15 p.m. complainant Dayanand Sharma (P.W.1) resident of 115, Nehru Nagar, Roorkee, alongwith his son Praveen Kumar (deceased) was going on motor bike towards Ghasmandi to buy a cassette. When the two reached near Gandhi Bal Niketan, the complainant started talking to Naresh Kumar (P.W. 2) and Saeed Kadri (P.W. 3), the