- (1.)All the three appeals have been filed against a common judgment dated 12. 07. 2001 passed in Sessions Trial No. 465/99. The trial Court held appellant-Munna @ Shiv Shankar Mishra guilty for commission of offence punishable under Section 302 of Indian Penal Code and awarded sentence of life imprisonment. The trial Court held appellants Bharat Tiwari and Lakhan guilty for commission of offence punishable under Section 302/34 of Indian Penal Code and awarded sentence of life imprisonment.
(2.)Prosecution case in brief is that deceased-Mahesh was running a hotel in the name of Tapasya Hotel. Accused personsappellants had gone to the hotel. There were dues against them on account of taking meal in the hotel on earlier occasions. On this issue, there was a quarrel. It is alleged that the accused persons had beaten the deceased. Munna was armed with a knife and other accused persons were not armed with any weapon. Due to beating by the accused persons, deceased was died. FIR was lodged by PW-1 Suresh Singh, who is the brother of the deceased, on the same date at around 5:30 in the morning. Police conducted investigation and filed charge-sheet against the appellants. The appellants abjured the guilt and pleaded innocence. The trial Court, after trial, held the appellants guilty for commission of offence and awarded sentence, as mentioned above in the judgment.
(3.)Learned Amicus Curiae appearing on behalf of appellants Lakhan and Bharat Tiwari have contended that there is no evidence that these appellants shared common intention. Hence, their conviction by the trial Court with the aid of Section 34 IPC is not proper. It is further submitted that the prosecution evidence is not reliable. Hence, the appellants are entitled the benefit of doubt.