Rajeev Misra, J.

1. The present Criminal Appeal stems out of the judgement and order dated 08.02.2010 passed by the Additional Sessions Judge, Court No.-8, Varanasi in S.T. No. 384 of 2007 (State Vs. Shaloo @ Manjeet Pandey and another) convicting the accused appellants under Section 302/34 I.P.C., and sentencing them for life imprisonment with a fine of Rs. 10,000/-. Upon failure to deposit the fine the accused appellants are to further under go additional imprisonment of one year. The period of sentence already under gone is to be adjusted towards the period of sentence so awarded.

2. Before adverting to the prosecution story as unfolded in the F.I.R., the back ground facts as emerging from the evidence of the three prosecution witnesses of facts i.e. P.W. -1, P.W.-2 and P.W.-3 need to be noticed for better appreciation of the motive alleged behind the cause of occurrence, the circumstantial evidence which will complete the chain of events leading to the occurrence for which prosecution has been launched against the accused appellants, the credibility of the oral dy