Sudhir Agarwal, J.

Jail Appeal No. 2679 of 2008 under Section 383 Cr.P.C. has been filed by accused-appellant, Kadir through Superintendent of Jail, Aligarh whereas Criminal Appeal No. 1395 of 2008 under Section 374(2) Cr.P.C. has been filed by accused-appellant, Rahees. Both the appeals arise out of single judgment and order dated 19.02.2008, passed by Sri S.S. Lal, Additional Sessions Judge (Court No. 6), Aligarh in Sessions Trial No. 28 of 2006 relating to Case Crime No. 57 of 2005, P.S. Chandaus, District Aligarh whereby both accused-appellants have been convicted under Section 302 read with Section 34 IPC and sentenced to undergo life imprisonment with a fine of Rs. 5,000/- each. In default of payment of fine, they have to undergo further simple imprisonment of two years each.

2. Factual matrix of the case as evident from First Information Report (hereinafter referred to as "FIR") as well as material available on record is as follows.

3. A written report, Ex.Ka-1 dated 01.07.2005 was submitted in Police Station Chandaus, District Aligarh by Informant, PW-1, Babu Khan, alleging that in the morning of 01.07.2005, Informant along with his brother, Afsar @ Gatta was present