JUDGMENT :

Saroj Yadav, J.

1. This Criminal Appeal has been filed by the appellants/convicts Raj Kumar and Raj Kishore against the judgment and order dated 18.12.1982 passed by Sri I.N. Thakral VIIth Additional Sessions Judge, Hardoi in Sessions Trial No.144 of 1982 arising out of Crime No.926 of 1981, Police Station Kotwali, District Hardoi, wherein the appellants were held guilty and convicted under Section 302 read with Section 34 of Indian Penal Code, 1860 (in short I.P.C.) with imprisonment for life and a fine of Rs.1,000/-(one thousand). The appellants were also convicted under Section 325 read with Section 34 of I.P.C. with imprisonment of two years and a fine of Rs.500/-(five hundred).

2. Heard Sri Jai Pal Singh, learned Amicus Curiae for the appellant no.1-Raj Kumar, Sri Sheikh Wali-Uz Zaman, learned counsel for the appellant no.2-Raj Kishore and Sri Vishwash Shukla, learned A.G.A for the State respondent.

3. The facts necessary for disposal of this appeal as culled out are as under:-

i. A First Information Report (in short F.I.R.) was registered at Crime No.926 of 1981 on the basis of written report presented by Ramesh Chand son of Ram Saran at Police Station Kotwali Hardoi on