(1.) Both the appeals arising out of a common judgement have been
(2.) Present appeals have been instituted under section 374 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") against the judgement dated 10.11.2014 and order on sentence dated 13.11.2014 passed by the Additional Sessions Judge ("Trial Court") in Sessions Case 08/2014 arising from FIR 17/2013 Police Station Ambedkar Nagar, by virtue of which both the appellants have been convicted under Sec. 302/34 of the Indian Penal Code (hereinafter referred to as "IPC") and sentenced to undergo simple imprisonment for life with a fine of Rs. 20,000.00 each and in default of payment of fine, to further undergo simple imprisonment for one year. The appellant Raj Kumar @ Lala was also convicted under section 27 of Arms Act, 1959 and was sentenced to undergo simple imprisonment for a period of three years with a fine of Rs. 10,000.00 and in default of payment of fine, to further undergo simple imprisonment for a period of six months. Both the sentences awarded to the appellant Raj Kumar @ Lala were ordered to run concurrently.
(3.) The present case pertains to the murder of one Rohit ("deceased") at the hands of the appellants and one Asif (declared juvenile in conflict with law "JCL"). Before the rival submissions of the learned counsel of the appellants can be considered, we deem it appropriate to state the case of the prosecution, as noticed by the Trial Court, which is as under: