- (1.) The instant appeal filed on behalf of the accused-appellants, is directed against the judgment and orders dated 4th September, 2010, passed by Sri Kali Charan, Additional Sessions Judge (STC) Court No.1, Mirzapur in Sessions Trial No.146 of 2006 (State Vs. Ram Saran Bind and others), whereby the appellants were convicted under sections 304/34, 323/34, 506 IPC and sentenced to undergo rigorous imprisonment of ten years and to pay fine of Rs.10,000/- (in default imprisonment of one year), to undergo simple imprisonment of one year and to further undergo simple imprisonment of two years and to pay fine of Rs.2,000/- (in default of the same, to undergo imprisonment of one month). All the sentences were directed to run con-currently. Half of the fine was awarded to the victim.
(2.) Heard Sri Prakash Chandra Dwivedi, learned counsel for the appellants, Sri Abdul Majid, Advocate, the learned AGA for the State respondent and perused the record.
(3.) On behalf of the appellants, learned counsel has submitted that the impugned judgment and orders are against the weight of the evidence on record. The defence evidence has not been properly appreciated. The injuries sustained by the injured and the deceased, were result of false and fictitious story, concocted to implicate the appellants. According to him, learned trial Judge has recorded finding of guilt without any cogent evidence and the appeal deserves to be allowed.;