(1.) By this common Judgment, Cr.A.s No. 938 of 2010, filed by Monu Sharma and Sonu Sharma, Cr.A. No. 940 of 2010 filed by Kamlesh, Pejram and Mahesh @ Pappu and Cr.A. No. 1031 of 2010 filed by Rajesh shall be decided.
(2.) It is not out of place to mention here that co-accused Kallu @ Brajesh Sharma, was absconding and was arrested at a later stage and was tried separately. He too has filed his Cr.A. No. 710/2012, and the said appeal has also been heard simultaneously. However, the said appeal shall be decided by separate Judgment, as evidence led in the Trial of the co-accused has to be appreciated independently. It is also not out of place to mention here that co-accused Bablesh was also convicted and had filed Cr.A.No. 951/2010, but he died during the pendency of the appeal and accordingly, by order dtd. 15/12/2016, his appeal was dismissed as abated.
(3.) The three Criminal Appeals have been filed against the judgment and sentence dtd. 30/10/2010 passed by 1st Additional Sessions Judge, Bhind in S.T. No. 181 of 2009 by which the appellants have been convicted and sentenced as under : <FRM>JUDGEMENT_77_LAWS(MPH)1_2022_1.html</FRM>