(Oral: Hon’ble Prafulla C. Pant, J.)

This appeal, preferred under section 374 of Code of Criminal Procedure, 1973, (for short Cr.P.C.), is directed against the judgment and order dated 19.05.1999, passed bys Sessions Judge, Nainital, in Sessions Trial No. 237 of 1995, whereby said court has convicted the three appellants Harbansh Singh, Harcharan Singh and Amarjeet Singh under section 302 read with section 34 of Indian Penal Code, 1860, (for short I.P.C.), and each one of them has been sentenced to imprisonment for life and also directed to pay fine of Rs. 5000/-. Appellants are further convicted under section 323/34 and under Section 324/34 and each one of the appellant is sentenced to rigorous imprisonment for a period of one year, under section 323/34 I.P.C. and rigorous imprisonment for a period of two years under section 324/34 I.P.C.

2. Heard learned counsel for the parties and perused the lower court record.

3. Prosecution story, in brief, is that on 19.03.1992 at about noon Amar Singh (deceased) was about to take his meals in his house situated in village Harayya, within the limits of Police Station Nanakmatta, when accused/appellants Harbansh Singh, Harcharan Sing