Pratyush Kumar, J. - (1.) Since these appeals arise out of the same sessions trial and filed against the same impugned judgment and order, they are being disposed of by a single order.
(2.) This a bunch of three criminal appeals numbering 2270 of 2007 (Ram Dev & another v/s. State of U.P.), 2578 of 2007 (Babadeen v/s. State of U.P.) and 2778 of 2007 (Ram Karan v/s. State of U.P.) arising out of same judgment and order passed by Sri Ram Sagar Mirdha, Additional Sessions Judge/Fast Track Court No. 2, Gonda in sessions trial No. 2 of 2001 (State v/s. Ram Kher and others) whereby the appellants were convicted under Ss. 302/34 and 323/34 I.P.C. and they were sentenced to undergo imprisonment for life and fine of Rs. 8,000/ -, in default thereof to undergo two years rigorous imprisonment and six months rigorous imprisonment and fine of Rs. 500/ -, in default thereof to further undergo rigorous imprisonment of two months respectively. All the appellants challenge the correctness of the impugned judgment and order on the grounds that prosecution version is improbable. The impugned judgment is against the material available on record, medical evidence does not support the ocular version of the incident, defence evidence has been wrongly discarded. Investigation is tainted.
(3.) Heard Sri Vivek Pandey, learned counsel for the appellants and Sri Sharad Dixit, learned AGA and perused the record.;