(1.) By this common judgment, the Cr.A. No. 507/2005 filed by Kishanlal and Purushottam and Cr.A. No. filed by Hukum Singh shall be decided. It is not out of place to mention here that the fourth accused Upai Singh, who has also been convicted, has not filed the Criminal Appeal against his conviction.
(2.) These Criminal Appeals have been filed against the judgment and sentence dated 23-7-2005 passed by IVth A.S.J. (Fast Track), Shivpuri in Sessions Trial No. 65/2005, by which the appellants and co-accused Upai Singh have been convicted for offence under Section 302/34 of I.P.C. and have been sentenced to undergo the Life imprisonment and a fine of Rs. 1000/- with default imprisonment.
(3.) It is not out of place to mention here that appellants were tried for offence punishable under Sections 302,302/34 of I.P.C. and Pooran and Raghuvir were tried for offence under Sections 201 of I.P.C. Pooram and Raghuvir have been acquitted by the Trial Court and their acquittal has not been challenged. Therefore, any reference to the role alleged against Pooran and Raghuvir shall be in the context of the allegations made against the appellants.
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