(1.) THE gravamen of the charge is that both the appellant as (A-1 and A-2) refused to pay the Auto fare to the Auto Driver, the deceased and when he insisted for the payment, the appellants (A-1 and A-2) removed the bottles kept in the Tea Stall situated nearby and broke the same and then attacked the Auto Driver, the deceased on various parts of the body. This resulted in his death in the hospital. Accepting the prosecution case, the conviction was imposed by the trial Court upon both the appellants under Sec.302 read with 34, I.P.C. and the same is being challenged in this appeal.
(2.) THE factual matrix, in brief, is summarised as follows:
(3.) WE have heard the Additional Public Prosecutor on this aspect.