1. These appeals arise from the judgment and order dated 05.10.2009 and 22.10.2009 passed by the Sessions Judge, Jammu, in FIR No. 70/2001 registered at Police Station Bahu Fort under S.302, S.307, S.326, S.109, and 34 RPC. By the impugned judgment, the appellants Balwan Singh and Dev Raj, along with co - accused Gandharb Singh, were convicted and sentenced to life imprisonment for the offence under S.302 RPC and to five years' rigorous imprisonment for the offences under S.307 and S.326 RPC, besides a fine of Rs.50,000 each. The trial court also referred for confirmation of the sentence.

2. During the pendency of the appeals, co - accused Gandharb Singh passed away, resulting in abatement of the appeal insofar as he is concerned. The present appeals, therefore, survive only with respect to Dev Raj and Balwan Singh.

3. The prosecution's case, in brief, is that appellant Balwan Singh had a dispute with one Ashok Kumar regarding a booking counter at the Jammu Bus Stand. Ashok Kumar had authorised Pardeep Kumar alias Deepa (deceased) through a Power of Attorney to represent him in the matter. On 24.04.2001, Pardeep Kumar, along with his friend Kamal Raj alias Pappu (also deceased) an