Abhai Kumar, J. - (1.) Heard Sri Krishna Murari Tripathi, learned counsel for the appellants in Criminal Appeal No. 5732 of 2015, Sri A.K. Shukla, learned Amicus Curiae, for the appellant in Jail Appeal No. 955 of 2016 as well as learned AGA for the State and perused the records.
(2.) These appeals have been preferred against the judgment and order dated 19.10.2015 passed by learned Additional Sessions Judge, Fast Track Court, Sonbhadra in Sessions Trial No. 159 of 2008 (State Vs. Janwatan @ Raghunath and others) arising out of Case Crime No. 734 of 2008 under Section 304/34, 323/34 I.P.C., Police Station - Chopan, District Sonbhadra convicting and sentencing the appellants under Section 304/34 of IPC for ten years of rigorous imprisonment and fine of Rs. 10,000/- and in default of the payment of fine two years additional rigorous imprisonment and under Section 323/34 IPC for one year of rigorous imprisonment and fine of Rs. 1000/- and default of the payment of fine three months additional rigorous imprisonment.
(3.) Brief facts of the case are as follows:;