(1.) THESE appeals have been preferred under Section 374 of Criminal Procedure Code, 1973 assailing the order dated 26th August, 2010 vide which the appellants Prakash Kumar @ Pakka, Suraj Kumar Thakur and Jai Kishan @ Jacky were held guilty for offences under Section 302/34 IPC while co -accused Prakash Raj @ Pintu was acquitted giving him benefit of doubt. Vide order dated 30th August, 2010, all the appellants were sentenced to undergo life imprisonment and also to pay a fine of Rs.1,000/ - in default to undergo simple imprisonment for two months.
(2.) PROSECUTION case succinctly stated is as follows.
(3.) SCENE of the occurrence was inspected by the Investigating Officer of the case. The Crime Team and the photographer arrived at the spot and photographs were taken. Site Plan of the scene of occurrence was prepared at the instance of Ramadheen @ Molla. Blood lying in the Jhuggi, earth control, blood stained stones were lifted from the spot and were seized vide seizure memos Ex. PW -3/B to Ex.PW3/D. Post mortem of the dead body of the deceased Ram Chander was conducted by Dr. M.M.Narnaware who gave his report Ex.PW12/A. After post mortem, the dead body of deceased Ram Chander was handed over to his brother and wife, vide handing over memo Ex. PW3/F.
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