KANHAIYA AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) Vide this common judgment, I shall dispose off three criminal appeals bearing Crl. A.Nos. Crl. A.1540/2013, Crl. A.1617/2013 and 1071/14, filed by Kanhaiya, Dalip @ Babban and Sanjay Kumar @ Anu respectively, challenging the common judgment dated 21.10.2013 and order on sentence dated 31.0.2013 whereby they had been convicted u/s 304 IPC and sentenced to undergo R.I for 5 years and also directed to pay fine of Rs.10,000/- each in Sessions Case No.12/2013 arising out of FIR No.181/2010 u/s 302 /34 IPC, P.S. Naraina.

(2.) Prosecution case succinctly stated is as under:-

(3.) It is further the case of prosecution that on 30.12.2012, on the basis of secret information, accused Dalip and Sanjay were arrested. Accused Sanjay made a disclosure statement Ex. PW 15/D and got the danda recovered. Accused Kanhaiya was arrested on 31.12.2010. During the course of investigation, the weapon of offence was produced before the Doctor and he gave his subsequent opinion that the injuries on the person of deceased were possible by the weapon of offence shown to him. After completing investigation, charge sheet was submitted against the accused persons for offence u/s 302/34 IPC. Charge for offence u/s 302/34 IPC was framed against the accused, to which they pleaded not guilty and claimed trial.