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

All these three appeals are directed against the judgment and order dated 10.06.2004, passed by 1st Fast Track Court/Additional Sessions Judge, Roorkee, District Hardwar, in Sessions Trial No. 115 of 2002, where by appellant Yogesh @ Yogi has been convicted under section 302, and sentenced to imprisonment for life and directed to pay fine of Rs. 1000/-. He has been further convicted under section 307 read with section 34 I.P.C., and sentenced to rigorous imprisonment for a period of five years and also directed to pay fine of Rs.1000/-. Appellant Moni @ Raman has been convicted under section 302 read with section 34 I.P.C, and sentenced to imprisonment for life and directed to pay fine of Rs. 1000/-. He has been further convicted under section 307 I. P C and sentenced to rigorous imprisonment for a period of five years, and directed to pay fine of Rs. 1000/- the other two accused respondents Neeraj and Ramnath have been acquitted of the charge framed against them. As such, the Government has also filed an appeal challenging the acquittal of said two accused.

2. We heard learned counsel for the parties and perused the lower court r