JUDGMENT :

Raj Beer Singh, J.

1. This appeal has been preferred against the impugned judgment dated 24.10.2013 and order dated 25.10.2013, passed by learned Addl. District & Sessions Judge, Court No, 11, Agra in Session Trial No 1222/08 (State V Ajay & others) under Sections 302, 201, 376 and 120-B of Indian Penal Code (hereinafter referred as IPC), arising out of crime No. 246/08, PS Sadar, Agra, whereby accused-appellants Ajay and Vijay have been convicted under sections 302/34 and Section 376 of IPC and sentenced to imprisonment for life, with a fine of Rs.10,000/- and ten years rigorous imprisonment, with fine of Rs. 5000/- respectively. In default of payment of fine imposed under Section 302/34 IPC, appellants have to undergo one year additional rigorous imprisonment and in case of default of payment of fine imposed under Section 376 IPC, appellants have to undergo six months additional imprisonment. Both the sentences were directed to run currently. Co-accused Jamuna Devi was acquitted of charge u/s 120-B of IPC.

2. Prosecution version is that house of one Navratan Singh was being constructed in the premises adjoining to the house of complainant/PW-1 Lajjawati. On the night of 0