DHAN BAHADUR Vs. STATE

JUDGEMENT

(1.) THE appellants have assailed the judgment dated 16. 04. 1999 and order dated 20. 04. 1999 rendered by the learned Additional Sessions Judge, Delhi in Sessions Case No. 20/96 whereby they were convicted for the offence punishable under Section 304 (Part I) read with Section 34 of the Indian penal Code and were awarded sentence of five years rigorous imprisonment and a fine of Rs. 5000/- each with a default clause of six months rigorous imprisonment in case of non-payment of fine. Since these two appeals arose out of the same judgment they were heard together and will now be disposed of by this common judgment.

(2.) THE relevant facts leading to the trial and conviction of the appellants for causing the death of one Mahender Singh have been noticed by the learned trial Court in para nos. 1 and 2 of the impugned judgment and are reproduced as under:-

(3.) THE trial Court charged and tried the appellants-accused under section 304 (I) read with Section 34 IPC and relying upon the evidence of pw-1, PW-5 and PW-6, who were examined as the eye-witnesses to the incident, found both the accused guilty and convicted and sentenced them as noticed already. Feeling aggrieved, both the convicted accused have challenged their conviction by filing these appeals.