JUDGMENT :

Umesh Chandra Sharma, J.

1. Heard Sri Bed Prakash Rai, learned counsel for the appellants and learned A.G.A. for the State.

2. This appeal challenges the judgment and order dated 28.8.2017 passed by Additional Sessions Judge, Court No.11, Meerut, in Sessions Trial No. 979 of 2014 (State vs. Monu and Another) convicting accused-appellants under Section 302 read with Section 34 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced the accused-appellants to undergo imprisonment for life with fine of Rs.10,000/-and in case of default of payment of fine, further to undergo imprisonment for a period of one year and under Section 504 IPC to undergo imprisonment for one year each.

3. In brief, facts of the case are that informant Jitendra Kumar on 14.4.2014 at 23:46 moved Tehrir, Ex. Ka-1, alleging therein that his brother Indresh Kumar, deceased, lived at Ganga Nagar along with his family. On 14.4.2014 in the morning his niece Shiwangi was teased by three boys namely Nishu, Rahul and Monu @ Mayank sons of Ashwani Sharma. The mother of the boys was apprised