JUDGMENT :

1. The above-captioned appeals have been preferred under Section 374(2) of the Code of Criminal Procedure against the judgment and order dated 28.01.1997 passed by the Fifth Additional District & Sessions Judge, Bijnore in Session Trial No. 11 of 1995, arising out of Case Crime No. 800 of 1994, under Sections 302/201 I.P.C., Police Station Kotwali Shahar, District Bijnor, whereby the Additional District & Sessions Judge, Bijnor has convicted and sentenced the appellants to undergo life imprisonment under Section 302 read with section 34 IPC and to undergo five years rigorous imprisonment under Section 201 IPC.

INTRODUCTORY FACTS

2. In brief, the prosecution case is that one Roshal Lal (P.W.1) the informant, the brother of the deceased, submitted a written report dated 13.10.1994 (Ext. Ka-1) to In-charge Kotwali Shahar, Bijnor stating therein that his elder brother Surendra Singh had given testimony against Sumer (elder brother of appellant Suresh alias Chaveney) in a murder case in which Sumer was convicted. Since then the family members of Sumer were having grudges with him. For the last few days, accused/appellant Suresh alias Chaveney used to take away his elder brother