(1.) The appellants herein are convicted for the offences punishable under section 307, 34 of IPC and sentenced to suffer R.I. for 10 years and fine of Rs.3,000/- each I/d to suffer R.I. for two years by the Ad hoc Additional Sessions Judge vide judgment and order dated 18th June 2013 in Sessions Case No.762 of 2004. The appellants in Criminal Appeal No.805 of 2013 are in custody whereas the appellant Mr. Jamin Sharafat Khan in Criminal Appeal No.804 of 2013 was enlarged on bail by this Court vide order dated 3rd March 2015.
(2.) Such of the facts necessary for the decision of this appeal are as follows:-
(3.) In the meanwhile, someone had informed the father of Kunal, who was officiating as Police Officer. The family had shifted Kunal first to Gandhi Nursing Home and then to Lilavati Hospital. Kunal was treated as an indoor patient for more than 45 days. He had undergone craniotomy.