Hon’ble Surendra Vikram Singh Rathore, J.—Criminal Appeal No. 5722 of 2007-Hori Lal and others v. State of U.P. and Criminal Appeal No. 6855 of 2007-Kalloo v. State of U.P., arise out of a common judgment, hence, the same are being disposed of by a common judgment.

2. Learned counsel for the appellants, learned A.G.A. for the State were heard. We have perused the material available on record.

3. Criminal Appeal No. 5722 of 2007 has been preferred by the appellants-Hori Lal and Nanhku who are real brothers and sons of Panna Lal and Laxmi Kant son of Indrapal and Criminal Appeal No. 6855 of 2007 has been preferred by the appellant Kalloo challenging the judgment and order dated 20.8.2007 passed by Additional Sessions Judge, Kanpur Nagar in Sessions Trial No. 721 of 2005 and Sessions Trial No. 722 of 2005, arising out of Case Crime Nos. 104 of 2005 and 115 of 2005, Police Station Maharajpur, District Kanpur Nagar whereby all the appellants were convicted for the offence under Sections 302 read with Section 34 IPC and were sentenced to undergo imprisonment for life and also with fine of Rs. 5000/-. The appellants were further convicted for the offence under Section 307 read wit