DURGA PRASAD ALIAS BABLU Vs. STATE

JUDGEMENT

(1.) The four appellants have called in question the correctness of the judgment dated 20th August, 2001 passed by the Court of Additional Sessions Judge, Delhi in Sessions case no. 188/97 whereby all of them have been convicted under Section 302/34 IPC for having murdered one Amit Gupta on 10th January, 1997. Since all the three appeals arise of same judgment of the trial Court and were heard together we propose to dispose them of by this common judgment.

(2.) The prosecution case leading to the trial and conviction of the four appellants has been noticed by the trial Court in its judgment and relevant portions therefrom are re-produced below:-

(3.) The aforesaid incident was sought to be established by the prosecution from the evidence of two eye witnesses who were the father and brother of the deceased and the learned trial Court accepted their evidence and based on their evidence held all the four accused persons guilty of the offence of murder and vide separate order dated 23rd August, 2001 sentenced them to undergo life imprisonment and also to pay fine of Rs. 15,000/- each and in default of payment of fine were ordered to undergo simple imprisonment for one year. Feeling dissatisfied with the verdict of the trial Judge all the four convicted accused have come up in appeal.