Per: U.C. Dhyani, J.

Present criminal appeals have been filed on behalf of the appellants Kulveer Singh and Satish who have been convicted by learned Ist Additional Session Judge, Rudrapur, Udham Singh Nagar on 30.05.2006 for the offences punishable under Section 302 IPC read with Section 34 IPC and under Section 25 Arms Act. Both the appellants have been awarded imprisonment for life along with a fine of Rs. 25,000/- in relation to the offence punishable under Section 302 read with Section 34 IPC, and two years’ imprisonment along with fine of Rs. 2000/- for the offence punishable under Section 25 Arms Act. In default of payment of fine, appellants have been further directed to undergo one year’s and one month’s additional imprisonment in relation to these offences respectively.

2. According to the First Information Report, on 29.08.2003 at 7:15 am, the informant PW 1 Nitin Mehrotra along with his cousin PW 2 Dr. Niket and his uncle Dr. Mahendra Mehrotra (victim) were going to their farm situated in Missrawala. Whereas, Doctor Mahendra Mehrotra (victim) was on his Bajaj Scooter, the informant PW 1 Nitin Mehrotra along with his cousin PW 2 Dr. Niket were riding on one m