JUDGMENT

Satyendra Kumar Singh, J. - Both the above appeals arise out of common judgment, therefore, these are being decided by a common judgment. These appeals are filed under Section 374 of Code of Criminal Procedure (for short be called as 'Cr.P.C.') against the judgment dated 3.11.2011 passed by the learned Court of 5th Addl.Sessions Judge, Indore in S.T.No.771/2009 convicting the appellants Sandeep and Jitendra both for the charges punishable under Section 302 read with Section 34 of Indian Penal Code (for short be called as 'IPC') and sentenced to undergo Life Imprisonment with fine of Rs.2,000/- each, in default of payment of fine amount additional rigorous imprisonment for three months each.

1. In addition to the aforesaid appellant Sandeep has been convicted for the charges under Section 27 of Arms Act also and sentenced to undergo rigorous imprisonment of three years with fine of Rs.1,000/-, in default of payment of fine amount additional rigorous imprisonment for three months.

2. The case of the prosecution in brief is as follows:-

(i) Deceased Mukesh and his wife complainant Prabha were having a tailoring shop named M/s Jay Tailors in Nagin Nagar, Police Station Aerodrome,