(1.) THIS appeal is filed by the original accused challenging the judgment dated 29.09.2007 passed by learned Additional Sessions Judge, Bhavnagar in Sessions Case No.222 of 2005. The accused were convicted for offence punishable under Section 302 of the Indian Penal Code read with Section 34 thereof. They were sentenced to imprisonment for life. Learned Judge also imposed fine of Rs.50,000/- each. In default of payment of fine, the accused were to undergo S.I. of three years. Out of the fine so collected from the accused he ordered payment of Rs.1,00,000/- by way of compensation to the complainant the brother of the deceased. It is this judgment, which the appellants have challenged in this appeal.
(2.) BRIEFLY stated the case of the prosecution was that:
(3.) RAJUBHAI P.W. 3 - Exh. 42 was an eyewitness, who according to the prosecution, was passing by when the incident took place. He, however, turned hostile and did not support the prosecution.
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