[Per : Hon’ble Prafulla C. Pant, J. (Oral)]

These two appeals, preferred under Section 374 of Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), is directed against the same judgment and order dated 21.12.2001, passed by learned Sessions Judge, Tehri Garhwal, in Sessions Trial No. 1 of 2001, whereby accused/appellant Shankra has been convicted under Section 302 and accused/appelalnt Vikka has been convicted under Section302 read with Section 34 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.). Each one of the convicts is sentenced to imprisonment for life and also directed to pay fine of Rs. 2,000/-, in default of payment of which the defaulter is required to undergo simple imprisonment for a period of three months.

2. Heard learned counsel for the parties and perused the trial court’s record.

3. Prosecution story in brief is that on 02.11.2000, P.W.3 Smt. Tara Devi made a report to area Patwari Nainbagh, Patti Silwad-Jaunpur, Tehri Garhwal, that she was informed on 01.11.2000 at about 2.00 P.M. by Kundanu (P.W.2) and Shankra Singh (accused) that her husband Balbir Singh (deceased) is lying dead in a gorge. She further disclosed in her report (E