on Board (16.04.2024) Sanjay K. Agrawal, J. (1) This criminal appeal filed by the appellants-accused (A-1 & A-2), under Section 374 (2) of Cr.P.C., is directed against the impugned judgment of conviction and order of sentence dated 11.07.2017, passed by learned 1st Additional Sessions Judge, Raigarh, District - Raigarh, (C.G.) in Sessions Trial No. 104/2016, whereby both the appellants have been convicted and senteced as under:

• Conviction Sentence U/S. 302/34 of IPC Life imprisonment with fine of Rs. 1000/-, in default of payment of fine additional rigorous imprisonment for two months.

• U/S. 307/34 of IPC Rigorous imprisonment for 10 years with fine of Rs. 500/-, in default of payment of fine additional rigorous imprisonment for one month.

• Both sentences were directed to run concurrently.

(2) The case of the prosecution, in brief, is that on 15.05.2016 at about 07:30 AM, in village Midmida, Police Station – Kotwali, District- Raigarh, A-1 Ajay Kumar Gupta & A-2 Moti Gupta in this appeal and other co-accused namely Mahen