JUDGMENT :

Sameer Jain, J.)

1. As both the appeals arise out of a common judgment and order dated 11.1.2010 passed by Additional District and Sessions Judge/Fast Track, Court No.3, Aligarh in Sessions Trial No. 903 of 2005 and Sessions Trial No.1010 of 2005, they have been heard together and are being decided by a common judgment.

2. Criminal Appeal No. 875 of 2010 and Criminal Appeal No.876 of 2010 have been preferred by the appellants against the judgement and order dated 11.1.2010 passed by Additional District and Sessions Judge/FTC, Aligarh in Sessions Trial No.903 of 2005 and Sessions Trial No.1010 of 2005 by which the appellants have been convicted under Section 302 IPC and awarded life imprisonment with a fine of Rs.10,000/- and in default six months additional simple imprisonment.

3. We have heard Sri Araf Khan, learned counsel for the appellants in both the appeals; and Sri H.M.B.Sinha, learned AGA for the State and perused the record of the case.

4. The prosecution story in a nutshell is that on 12.3.2005 at about 22.30 hours, Narayan Singh (PW-1) lodged FIR of the present case under Section 302 IPC against appellants at Police Station Quarsi, District Aligarh vide Case Crime