RIKEN ALIAS DIKEN Vs. STATE

JUDGEMENT

(1.) These three appeals have been filed by the appellants, namely, Riken @ Diken, Deepak and Samunder under Section 374(2) of the Code of Criminal Procedure against the common judgment dated 19.02.2010 and the order on sentence dated 25.02.2010 by which the Additional Sessions Judge (West), Tis Hazari Courts, Delhi in S.C. No.111/1/08 convicted them under sections 302/201/34 IPC and sentenced them to rigorous imprisonment for life and to pay a fine of Rs.5000/- and in default, to undergo simple imprisonment for six months.

(2.) The main charge framed against all the three accused on 23.3.2005 was that all of them on 6.6.2004 at KM Pole No.7/29 Up railway track, near Railway Crossing, Gate No.5 Ram Pura, Delhi within the jurisdiction of PS Railway Sarai Rohilla with common intention to commit the murder of Ramesh, with intent to cause his death, committed the offence punishable under Section 302 with read with Section 34 of IPC.

(3.) The case of the prosecution