JUDGMENT :

PRITINKER DIWAKER, J.

1. As these two appeals arise out of a common judgment and order dated 03.06.2008 passed by Additional Sessions Judge, Court No. 2, Kannauj in Sessions Trial No. 302 of 2006 arising out of crime no. 377 of 2006, convicting the accused persons, namely, Bachchu Lal, Phool Chandra and Dinesh under Sections 302/34 and 201 of IPC and sentencing them to undergo life imprisonment and a fine of Rs. 2,000/-each and two years rigorous imprisonment and a fine of Rs. 500/-each, respectively and in default of payment of fines, they shall further undergo to six months additional imprisonment with a direction that all the sentences shall run concurrently, they are being disposed of by this common judgment.

2. As per prosecution case, on 20.04.2006, deceased Shrawan Kumar alias Bhura son of Rajendra Singh (PW-1) had left his house in the company of his cousin, namely, Ravi (PW-9) to visit the village fair (Mela). When they reached near a tubewell of accused Bachchu Lal, deceased was called inside the pump house by accused Phool Chandra, Dinesh, Bachchu Lal and Umesh (Juvenile). Ravi was asked to wait outside and thereafter, he was further asked to go away from the sai