arijit Pasayat, J. - (1.) Heard learned counsel for the parties.
(2.) Challenge in this appeal is to the judgment of the Division Bench of the High Court of Judicature, Andhra Pradesh at Hyderabad dismissing the appeal filed by the present appellant-A1 and A-2 and A-3 before the High Court. Out of the five persons, who faced trial, appellants were found guilty of offence punishable under Section 394 of the Indian Penal Code, 1860 (for short 'IPC'). Each was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.5,000/- with default stipulation. A-2 was further charged for an offence punishable under Section 395 read with Section 397 IPC. The learned trial Judge found him not guilty and acquitted him of the said charge. The 3rd charge against all the accused persons was under Section 302 read with Section 34 IPC. The learned trial Judge found A-1 to A-3 guilty under the aforesaid charge and convicted each one of them to suffer rigorous imprisonment for life and a fine of Rs.5,000/- with default stipulation. The 4th charge against A-1 to A-5 was under Section 307 read with Section 34 IPC and the learned trial Judge convicted each of the aforesaid accused persons and sentenced each one of them to three years rigorous imprisonment and a fine of Rs.2,000/- with default stipulation.
(3.) According to the prosecution, on 10.7.1992 at about 9.30 p.m. at Muslimgunj bridge all the accused persons caused the death of one Govindlal (hereinafter referred to as 'the deceased'). It was further alleged that they caused injuries to P.W.1. The accused, allegedly, had stolen Rs. 1,50,000/- and the scooter belonging to P.W. -1 bearing R.T.O. Registration No. AP-12-1090.;