Pratyush Kumar, J. - (1.) Since both these appeals arise out of a common judgment and order dated 14.10.2004 passed in S.T. No. 25 of 2004 [State Vs. Daya Ram and others], they were heard together and are being disposed of by a common order.
(2.) Both these appeals, filed on behalf of the accused -appellants Fauj Dar and Gobari, are directed against the judgment and order dated 14.10.2004 passed by Additional Session Judge/Special Judge SC/ST Act, Sultanpur in S.T. No. 25 of 2004 [State Vs. Daya Ram and others] whereby the accused -appellants have been convicted and sentenced to undergo life imprisonment under Sec. 302 IPC with fine of Rs. 1000/ - each and in default of payment of fine, they shall further undergo to three months simple imprisonment.
(3.) In these appeals, the prosecution case may be summarized as under: That on 15.09.2003 at about 10.00 AM Mewa Lal gave a written report at police station Gosainganj, District Sultanpur, stating therein that he was village pradhan, in his village Smt. Anara Devi used to live with her two children alone in her house, her husband used to reside in Thailand. Faujdar, resident of another village and Gobari nephew of Daya Ram used to visit house of Daya Ram and with the help of Daya Ram they wanted to pressurize Smt. Anara Devi to have illicit relations with them. Smt. Anara Devi resisted them, in the intervening night of 14/15.09.2003 Smt. Anara Devi was sleeping in her house with her two minor children, namely Ravi Kumar, aged 8 years and Abi Kumar aged 4 years, Faujdar and Gobari entered into her house and knifed and murdered her.;