JUDGMENT :

Subhash Chandra Sharma, J.

1. These criminal appeals emanate from the judgment and order dated 21.12.2005 passed by the learned IInd Additional Sessions Judge, Court No. 1, Mirzapur in Session Trial No. 52 of 2004 (State Vs. Shiv Kumar @ Pinku and another) arising out of Case Crime No. 12 of 2004, under Section 302 read with Section 34 IPC, Police Station Kotwali City, District Mirzapur, whereby appellants Shiv Kumar @ Pinku and Bachcha Pandey @ Subhas have been convicted and sentenced under Section 302/34 IPC with life imprisonment and fine of Rs.5,000/- each. In default of payment of fine, the appellants have to undergo additional imprisonment for a period of six months.

2. The prosecution case in brief is that on 15.01.2004, at about 9.05 p.m., an F.I.R. was lodged at the police Station Kotwali City, District Mirzapur by informant Om Prakash s/o Harishankar r/o Meer Sahab Ki Gali, Kotwali City, Mirzapur by filing a written report stating therein that while his brother Sunil Kumar was sitting with his wife in the room located at the back side of his house, at about 8.30 p.m, Shiv Kumar @ Pinku s/o Lakshman and Bachcha Pandey @ Subhas s/o Vishwambhar Pandey r/o Muhalla Ima