JUDGMENT :

Manoj Misra, J.

1. These two appeals question the judgment and order dated 07.07.1993 passed by the Additional Sessions Judge/Special Judge (E.C. Act), Etawah in Sessions Trial No. 11 of 1992 convicting Arvind Kumar (appellant in Criminal Appeal No. 1300 of 1993), under Section 302 I.P.C., and Akhilesh @ Pappu (appellant in Criminal Appeal No. 1217 of 1993), under Section 302 read with Section 34 I.P.C., and sentencing them to imprisonment for life. As the two appeals arise from a common judgment and order, they are being decided by a common judgment and order.

INTRODUCTORY FACTS

2. On a written report (Exb. Ka-1), scribed by Dev Narayan Mishra (not examined), signed by Smt. Sobha Awasthi (PW-1), first information report (FIR) was registered at P.S. Auraiya, District Etawah on 21.08.1991 at 7.45 am, vide GD No. 15 (Exb. Ka-5) of which Chik FIR (Exb. Ka-4) was made/prepared by Srinarayan Awasthi (PW-6). It is alleged in the FIR that the accused-Arvind Kumar (appellant in Crl. Appeal No. 1300 of 1993) and Akhilesh @ Pappu (appellant in Crl. Appeal No. 1217 of 1993) are both sons of Kunwar Pal and they live across Kharanja (vertical brick-laid road), right in front of the infor