SUDHIR KUMAR AND ORS. Vs. STATE

JUDGEMENT

(1.) FOUR appeals have been filed by the appellants (Sudhir Kumar, Vimal Anand, Mukesh Kumar @ Mukki and Mukesh Kumar) challenging the judgment of the trial court dated 27.5.1998 by which all the four appellants were held guilty and convicted for the offence punishable under Section 302/34 IPC and order on sentence dated 28.5.1998 by which appellants were sentenced to life imprisonment with fine of Rs. 5,000/ - each, in case the fine is not paid, the convicts were directed to undergo simple imprisonment for six months.

(2.) THE case of the prosecution as it unfolds and noticed by the trial court is as under:

(3.) LEARNED counsel appearing for the appellants have jointly submitted that the judgment of the trial court is based on conjectures and surmises and the appellants have been falsely implicated in a blind murder. The testimony of two witnesses PW -5 and PW -6 who claim themselves as eye -witnesses are unreliable and not trustworthy; both the said witnesses (PW -5 & PW -6 are the brother and father of the deceased) were not present at the spot of the incident. It is contended that the testimony of both these witnesses do not inspire any confidence on account of their respective conduct. It has also been contended that although three out of four appellants were named by PW -6 in the statement recorded before the police only a vague description of the fourth alleged assailant (Sudhir Kumar) appellant in CRL.A. 248/1998 was given.