JUDGMENT :

Kaushal Jayendra Thaker, J.

1. By way of this appeal, the appellants have challenged the Judgment and order dated 9.11.2012 passed by court of Additional Sessions Judge, Etha in Sessions Trial No.578 of 2005, State Vs. Ashiq Ali and Others arising out of Case Crime No.80 of 2005 under Sections 302/34 I.P.C., Police Station Aliganj, District Etah whereby the accused-appellant was convicted under Section 302 read with Section 34 of IPC and sentenced to imprisonment for life with fine of Rs.5,000/- in each.

2. The brief facts are that Tej Singh met with a very tragic death when he was at his field at night, both the accused came and set him ablaze. He immediately went to police station and conveyed that he was set ablaze by the accused which was ascribed as written report (Exhibit–3) which culminated into FIR which is Exhibit-5. On dying declaration of Tej Singh, which is at Exhibit-15 he named Ashik Ali and Ahmad Raj Khan and stated that on 17.6.2005 at about 10:00 p.m. when he was at fields of Gajroob which is situated at village Agaunapur, in furtherance of their common