KANWALJIT SINGH AHLUWALIA,J. - (1.) Two brothers, namely Bhairiya @ Bhanwar Lal and Kanwariya @ Kanwar Lal, both sons of Mathura, by caste Meghwal, residents of Village Ramganj Balaji, Police Station Sadar District Bundi were tried by the Court of Additional District and Sessions Judge, Bundi (Rajasthan) in Sessions Case No.10.1985.
(2.) The said Court, vide its impugned judgment dated 11.12.1986, convicted accused-Bhairiya @ Bhanwar Lal, substantively for commission of offence punishable under Section 302 of Indian Penal Code for having caused murder of Hazari son of Kajod, brother of Tejmal (PW-5). Another accused - Kanwariya @ Kanwar Lal was also convicted by the said Court for commission of offence punishable under Section 302 read with Section 34 of Indian Penal Code.
(3.) Having convicted the appellants for the above said offences, the trial Judge, vide a separate order of even date, sentenced the appellants as under:- "For offence under Section 302 I.P.C., appellant No.1, namely Bhairiya @ Bhanwar Lal was sentenced to undergo life imprisonment and to pay a fine of Rs.500/-. In default of payment of fine to further undergo three months rigorous imprisonment. For offence under Section 302/34 I.P.C., appellant No.2, namely Kanwariya @ Kanwar Lal was sentenced to undergo life imprisonment and to pay a fine of Rs.500/-. In default of payment of fine to further undergo three months rigorous imprisonment." Aggrieved against their conviction and sentence, the appellants have filed present appeal.;