Jha, J. -- 1. The judgment of this appeal shall also govern the judgment in Cr.A. 399/96, as both the appeals arise out of same judgment of sentence and conviction.

2. This appeal is filed by the appellants against their conviction for an offence under section 302, 302/34, 307 and 307/34 IPC and under section 4/5 of Explosive Substances Act by the Court of S.I. Shah, III Additional Sessions Judge, Morena.

3. Appellant Harishankar is convicted for an offence under section 302, IPC read with section 4 of Explosive Substances Act, 1908; Suresh is convicted for an offence under section 302/34, 307, IPC and section 4 of Explosive Substances Act; Ramniwas is convicted for an offence under section 302/34, IPC. Appellant Ramniwas filed Cr.A. 352/96, whereas other appeal Cr.A. 399/96 has been filed by Harishankar and Suresh.

4. According to prosecution, deceased Vinod Kumar was resident of Tamardhari Ganj, Morena. Rajendra, brother of the deceased Vinod, had sold his shop on 23.9.1986 to appellant Suresh, however balance of consideration Rs. 6,000/- was due against Suresh. In the afternoon of the date of incident, Rajendra had demanded balance amount of consideration from Suresh. There we