JUDGMENT :

PANKAJ PUROHIT, J.

1. In this appeal preferred under Section 374 read with Section 389 of the Code of Criminal Procedure, 1973 (hereinafter referred to be as the Cr.P.C.) appellants-Anup Chand, Suresh Chand and Manoj have challenged their conviction recorded under Section 302 IPC and sentence whereby each of them was directed to undergo rigorous imprisonment for life with fine of Rs. 10,000/- each, in default of making payment of which, the defaulter was directed to undergo three months’ additional imprisonment, which was recorded by learned Additional Sessions Judge, Kotdwar, Pauri Gahwal in Sessions Trial No. 37 of 2013.

2. Facts in a nutshell are that PW-1/Kunwar Singh (informant) gave an application dated 20.06.2013 to the Station Officer, Police Station Kotdwar to the effect that his son namely Kiran Singh had gone from house at about 06:00 PM for a walk. After sometime of his departure, PW-1 and his wife PW-2 also went to have a walk. When they reached near the house of one Chauhan, they saw at a distance of 70 metres that a Max vehicle was parked at the roadside and nearby which, three persons were belabouring a person with stones, sticks and hammer. After going near