(Delivered by Hon.Chandra Dhari Singh,J.)

1. Since both the appeals arise out of the same sessions trial number, they have been heard together and are being disposed of by a common order.

2. The instant criminal appeals bearing nos.2584 of 2008 and 2177 of 2008 have been filed against the judgment and order dated 02.04.2008 passed by the Additional Sessions Judge, court no.3, Farrukhabad in Sessions Trial No.323 of 2000, whereby the Additional Sessions Judge convicted the appellants Ram Naresh s/o Khushiram, Ram Saran s/o Hardayal and Ram Naresh s/o Banwari for the offence punishable under Section 302/34 I.P.C. and sentenced them to undergo life imprisonment and to pay fine of Rs.10,000/-, in default thereof, each appellants shall further undergo one year simple imprisonment.

3. Heard Sri S.V. Singh, learned counsel for the appellants and Sri Shailendra Nath Tripathi, learned A.G.A. for the State and perused the entire record.

4. Brief facts of the case

The facts which can be enumerated from the record may briefly be stated thus:-

I. The prosecution story in nutshell is that the complainant namely Shivkumari on 14.09.1999 at about 2.45 p.m. has given a written report at