Hon’ble Naheed Ara Moonis, J.—The aforesaid two appeals are arising out of the common judgment and order passed by the learned Additional Sessions Judge, Court No. 15, Meerut on 15.9.2003 in S.T. No. 49 of 1993 arising out of case Crime No. 113 of 1991, under Sections 302/34 and 307/34 I.P.C., police station Kithour, district Meerut whereby the appellant Riyasat in Criminal Appeal No. 4496 of 2003 has been convicted under Section 302 read with Section 34 I.P.C. and appellant Saleem in Criminal Appeal No. 4977 of 2003 has been convicted under Section 302 I.P.C. to undergo rigorous imprisonment for life and Rs. 10,000/- each as fine and in default of payment of fine to undergo one year simple imprisonment. Both the appellants have been further convicted under Section 307/34 I.P.C. for rigorous imprisonment of five years and Rs. 2,000/- each as fine and in default of payment of fine three months simple imprisonment. Both the sentences were directed to run concurrently.

2. The prosecution case in short conspectus is that the complainant Shams Parvez lodged a First Information Report on 22.4.1991 at 9.20 A.M. at police station Kithour, district Meerut that in the morning he alon