Hon’ble Umesh Chandra Tripathi, J.—Heard Sri Saghir Ahmad alongwith Sri Brijesh Kumar Pandey, counsels for the appellants and Sri Anil Kumar Kushwaha, A.G.A., for the State of U.P.

2. These two appeals are directed against the common judgment and order dated 8.6.2006 passed by learned Additional Sessions Judge, Court No. 1, Rampur in S.T. No. 488 of 1999 (State v. Nanha @ Rais and others) arising out of case crime No. 139 of 1997 whereby the accused-appellants Nanha @ Rais, Basheer Ahmed and Suleman were convicted and sentenced as follows: (a) Life imprisonment alongwith fine of Rs. 2000/- each under Section 302/34 Indian Penal Code (hereinafter referred to as “IPC”) and (b) Ten years rigorous imprisonment alongwith fine of Rs. 2000/- each under Section 307/34 IPC. In case of default in payment of fine, all the appellants shall undergo simple imprisonment for further six months.

3. Both the sentences were directed to run concurrently.

4. The brief facts of the prosecution case are that a First Information Report was lodged on information of informant Shabir PW-1 on 9.8.1997 at 1:30 a.m. at Police Station Azeem Nagar, District Rampur as Case Crime No. 139 of 1999 under Secti