A.K.Gohil, J.

( 1. ) This judgment shall govern the disposal of both the aforesaid criminal appeals. On an allegation that Mangalia and Mori were shot dead by the appellants in furtherance of their common intention both the appellants were prosecuted in Sessions Trial No. 255/90 for the charges under Section 302 and in alternative under Sections 302/34 and both have been convicted under the aforesaid sections vide judgment dated 28-2-1992 and sentenced to life imprisonment. Against which they have preferred this criminal appeal under Section 374 of the Code of Criminal Procedure, challenging their conviction and sentence.

( 2. ) As per prosecution story, in the night of 18-6-1990 deceased Mangalia and Mori were staying in the field of Ram Baboo near the field and tubewell of Kunwarsingh at village Nand-kapura in their tents together with Gopal, Girdhari, Augad, Aman and others and they were carrying herd of sheeps, cattle and goats. They had come from Rajasthan. In the midnight after 2 o clock some miscreants (Badmash) came to their tent. They awakened Mangalia and demanded a goat from him. A wordy quarrel arose and hearing that Mangaliyas sister Mori also came there. On refu