Pratyush Kumar, J. - (1.) The instant appeal, filed on behalf of the accused -appellants, is directed against the judgment and order dated 15.12.2009 passed by Sri Vinay Khare, Additional Sessions Judge, Court No. 3, Bareilly in Sessions Trial No. 774 of 2004, State v/s. Gopal Ram and another, whereby appellant No. 2 was convicted under Sec. 304 I.P.C. Appellants No. 1 and 3 were convicted under Sec. 304/34 I.P.C. All were sentenced to undergo rigorous imprisonment of 10 years and to pay fine of Rs. 5,000/ - in default whereof to further undergo 2 years imprisonment.
(2.) Heard Sri Pulak Ganguly, learned counsel for the appellants and Sushree Anjum Haq, learned A.G.A. for the State -Respondent and perused the record.
(3.) In the present appeal, the facts of the prosecution case are as under.;