Umesh Chandra Tripathi, J. - (1.) By way of instant criminal appeal, the appellants have challenged the legality and sustainability of the judgment and order dated 11.06.1999 passed by IInd Additional Sessions Judge, Muzaffarnagar, in Sessions Trial No. 334 of 1997 (State v. Yogesh Kumar and others), arising out of Case Crime No. 185 of 1996, under Section 302 of the Indian Penal Code, 1860 (for short 'IPC'), Police Station - Budhana, District - Muzaffarnagar whereby the appellants - Yogesh Kumar, Sarvesh Kumar, Sushil Kumar and Jugendra Sharma were convicted and sentenced as follows :- (i) Imprisonment for life, under Section 302 read with Section 34 of IPC; and (ii) Rigorous imprisonment for two years and to pay fine of Rs. 1000/- each, under Section 201 of IPC. In case of default in payment of fine, each of the appellant shall undergo additional imprisonment for six months.
(2.) Both the sentences were directed to run concurrently.
(3.) Succinctly, facts relevant for adjudication of this appeal, as discernible from perusal of record, appear to be that Subodh Tyagi, elder brother of informant Sunil Kumar Tyagi was on good terms with Yogesh Kumar, Jugendra Sharma and Om Pal of his village. He was not a teetotaller and used to consume liquor occasionally. The 'chak' of informant Sunil Kumar Tyagi and the bricks kiln of Shugan Chand, his uncle was situated near the tube well of Yogesh Kumar. On 22.12.1996 at about 04.00 P.M., Yogesh Kumar and Jugendra Sharma came at the residence of informant, called Subodh Tyagi and took him on the pretext of some important work. At that time, informant Sunil Kumar Tyagi, his servant Brahma and villager Shamshad were present there. On the same day at about 06.00 P.M., informant Sunil Kumar Tyagi went to the bricks kiln of his uncle Shugan Chand, where he and Shugan Chand saw that Subodh Tyagi was sitting along with Yogesh Kumar and Jugendra Sharma at the tubewell of Yogesh Kumar. After supervising the arrangements at the bricks kiln, informant Sunil Kumar Tyagi came back to his residence. But when his brother Subodh Tyagi did not return at the residence even till 10.00 P.M., then he and his family members went to the tube well of Yogesh Kumar to search him. However, even after intensively searching Yogesh, Jugendra and Subodh Tyagi for the whole night, they could not know their whereabouts. On the next day, that is to say, on 23.12.1996 at about 10.00 A.M., while informant Sunil Kumar Tyagi, his uncle Shugan Chand and cousins Vipin and Sudhir were searching Subodh Tyagi in the jungle, they found the dead body of Subodh Tyagi in the sugarcane field of one Shiv Charan. There dead body of deceased Subodh Tyagi had several injuries. With the allegation that accused Yogesh Kumar and Jugendra Sharma had committed the murder of his brother Subodh Tyagi, informant Sunil Kumar Tyagi requested that report be lodged and stringent action be taken. The written report is on record and marked as Ex.Ka.1.;