Kanwaljit Singh Ahluwalia, J. - (1.) Masooq Ali @ Bangali and Mohammad Akram @ Akku @ Kala Gitta, both residents of Ward No.16, Mangrole, District Baran have preferred two separate appeals bearing D.B. Criminal Appeal No.512/2014 and D.B. Criminal Appeal No.567/2014 to challenge the impugned judgment dated 17.2.2014 rendered by the Court of Sessions, Baran whereby both the accused-appellants were convicted for offences under Sections 302/34 IPC. The Court of Sessions, Baran vide a separate order of even date sentenced both the appellants as under:- "U/s. 302 r.w. 34 IPC: Life imprisonment, to pay a fine of Rs.25,000/- each and in default thereof to undergo three months simple imprisonment."
(2.) In the present appeals listed before us, it is prayed that conviction and sentence of the appellants recorded and pronounced by the trial Judge be set aside. Since both the appeals have been filed against the common judgment, they shall be decided together.
(3.) Case of the prosecution, as it emerges in the charge framed against both the appellants, is that on the intervening night of 29.3.2011 and 30.3.2011 sometime after 8.00 PM, both the accused committed murder of Rizwan Ali and thus, committed the offence punishable under Sections 302 or 302/34 IPC. Criminal proceedings were set into motion on the basis of written report (Ex.P.2) presented by Abdul Hakim (PW.2), father of deceased Rizwan Ali. The said written report (Ex.P.2) was submitted before Rohit Kumar (PW.21) who was then posted as SHO, Police Station Mangrole.;