JUDGMENT :

Subhash Chandra Sharma, J.

1. Both criminal appeals emanate from the common judgment and order dated 21.03.2007 passed by learned Additional Sessions Judge, Court No. 3, Pilibhit in Sessions Trial No. 98 of 2003 (State Vs. Harish Kashyap and two others) arising out of Crime No. 414 of 2002 under Section 302/34 IPC, Police Station Barkheda, District Pilibhit by which appellants have been convicted and sentenced under Section 302 read with Section 34 IPC with life imprisonment and fine of Rs. 5,000/-for each, in default of payment of fine to undergo additional imprisonment for a period of six months, therefore these appeals are heard and being decided together.

2. The prosecution case in brief is that on 17.11.2002 deceased Veerpal (brother of informant Harpal Kashyap) was invited by Lalu Kashyap where Veerpal, Gopal and Lalu Kashyap took food in the feast and thereafter Veerpal came back to his house. They were talking on the terrace, meanwhile Harish, Satish s/o Kallu r/o P.S. Barkheda came there and started to talk to Veerpal. Veerpal said to Harish that marriage of daughter of Rampal had been engaged with his brother Satish. Why did he use to stay in the house of Rampal,