( 1 ) THE judgment of the Court was delivered by Rajeev Gupta, J.- This judgment shall govern the disposal of Criminal Appeal No. 973/1989 also.

( 2 ) APPELLANTS Ashok Kumar and Hariom stand convicted under Ss. 302/34 and 397/34 of the Indian Penal Code, with sentences of im-prisonment for life and 10 years' R. I. each respectively, vide judgment dated 29-6-1989, passed by Ist Additional Sessions Judge, Durg in S. T. No. 110/1988.

( 3 ) THE short facts of the case, essential for deciding these appeals, are that Mst. Manjia Bai (since deceased) was married to prosecution witness Balkishan Gupta, who is real brother of Satairam, father of accused Ashok Kumar. Balkishan Gupta used to reside on the first floor of Qtr. No. 12, at Street No. 2 of Sector No. 6, in the town of Durg. In the night of 12-8-1987, Balkishan Gupta, after handing over an amount of Rs. 1,500/- to his wife, received by him as commission in the transaction of sale of land, had gone with his friend Mota Bhai Mansukhlal, on motor cycle. When he was coming back, his brother Satairam invited him for taking dinner with him. After taking his dinner, he came back to his house at about 9. 15 p. m. and after