(1.) Heard both sides.
(2.) Aggrieved by the conviction for the offences punishable under section 307 r/w 34 of the Indian Penal Code and consequent sentence to suffer rigorous imprisonment for five years and to pay fine of Rs. 5,000/- in default to suffer simple imprisonment for six more months, both the original accused nos. 1 and 2 have preferred the present appeal. They were acquitted of the offences punishable under section 324, 323 r/w section 34 of the Indian Penal Code.
(3.) The prosecution case in short is as under :-