(1.) THE Appellants have preferred this appeal under Section 374(2) Code of Criminal Procedure against the impugned judgment dated 01 -08 -1986 passed by Sessions Judge, Nainital in Sessions Trial No. 229 of 1984, whereby Appellant Khima Nand was convicted under Section 302 and Appellant Kirti Ballabh under Section 302 read with 34 of the Indian Penal Code with sentences of Imprisonment for Life.
(2.) THE short facts of the case, essential for deciding this appeal are that:
(3.) AT the trial, the above charges against the accused persons were sought to be proved on the evidence of PW1 Hari Dutt, PW2 Jaint Singh, PW3 Tara Devi, PW4 Head Constable Irshad Ahmad, PW5 Sub -Inspector Karam Hussain, PW6 Dr. B.P. Agarwal and PW7 Constable Rajpal Singh. The accused persons, however, did not examine any witness in their defence.