Pritinker Diwaker, J. - (1.) As these three appeals arise out of a common judgement and order dated 17.9.2010 passed by Additional Sessions Judge, Court No. 4, Ghaziabad in Sessions Trial Nos. 678 of 2007 and 431 of 2008, they are being disposed of by this common order. In the aforesaid Sessions Trial accused-appellants Veer Gurjar, Shiva @ Shibbu and Gagan Saini have been convicted under Sections 302/34 and 384/34 of IPC. All of them have been sentenced under Section 302/34 for life imprisonment with a fine of Rs. 5000/- each, in default of payment of fine, six months additional simple imprisonment each and under Section 384/34 for two years rigorous imprisonment with a fine of Rs. 1,000/- each, in default of payment of fine, two months additional simple imprisonment each, whereas accused-appellant, Sharafat has been convicted under 302/34 of IPC and sentenced for life imprisonment with a fine of Rs. 5,000/-, in default thereof, six months additional simple imprisonment, with a direction that both the sentences shall run concurrently.
(2.) In the present case, the name of deceased is Pawan, who was a tempo driver. Deceased used to run his tempo somewhere near new bus stand Ghaziabad and in the said area, accused Veer Gurjar and his brother Shiva Gurjar were doing 'gundagardi' and used to extort money from tempo drivers. The act of accused Veer Gurjar and Shiva Gurjar was objected by some of the persons including that of the deceased but the same was not liked by accused Veer Gurjar and Shiva Gurjar. It is said that on 11.04.2007 at about 04:30 pm, accused Veer Gurjar, Shiva Gurjar and Gagan Saini @ Bhai apprehended deceased Pawan, upon exhortation being made by accused Veer Gurjar, accused Gagan caught hold the deceased and then accused Veer Gurjar and Shiva Gurjar caused knife injuries to Pawan. Injured was firstly taken to Mariyam Hospital and after being advised from Maryam Hospital, he was taken to Yashoda Hospital where he expired. The incident was witnessed by PW-1, Amit Kumar and PW-3, Raja both brothers of the deceased. Written report Ex.Ka-1 was lodged at 07:10 pm by PW-1, Amit Kumar, based on which FIR Ex.Ka-16 was registered against four accused persons under Sections 384, 302/34 of IPC.
(3.) Inquest on dead body of the deceased was conducted vide Ex.Ka-18 on 12.04.2007 and the body of the deceased was sent for post-mortem which was conducted on 12.04.2007 by PW-8, Dr. Sunil Kamboj vide Ex.Ka-2.;