B. Prasad, J. - (1.) These two appeals have been filed by the two accused appellants against the decision of the learned Additional Sessions Judge, Fast Track, Anoopgarh against their conviction under Section 302 Indian Penal Code and sentence of life and a fine of Rs. 1,000/- being awarded against them in Sessions Case No.20/2002 dated 12th November, 2002.
(2.) The prosecution was initiated on the basis of a First Information Report lodged by one complainant Shivlal, Exhibit P/15 on 15.04.2001. According to the report on 14.04.2001 about 7.00 p.m., Mahendra, brother of the complainant Shivlal, came to him. His brother Mahendra was accompanied by Raju and Moduram. All the three persons had drunk liquor. They stayed for half an hour. After that all the three went together saying that they will have more liquor. When until late in the night, brother of the complainant, Mahendra, did not return the complainant went at about 2.00-3.00 a.m to the Dhani of Raju. He saw that Mahendra was being belaboured by the two accused appellants. The complainant then alleges that he shouted from a distance as to why are they giving beating. The accused told him that if he would come he would also be dealt with similarly. He came back, being frightened, and slept at his own house. At about 6.00 a.m. in the morning PW.6 Jagdish Pandit came and informed him that sometime before, Raju, accused came to him and called him to his Dhani. Moduram was also there. Both of them informed him that during the night they consumed liquor. They had a quarrel with Mahendra and Mahendra had died and his dead body is lying outside. This information was communicated by Jagdish Pandit to the complainant who then informed the police. The police registered FIR No.56/2001. On the basis of Exhibit P/15, a written report, a formal FIR was recorded which is Exhibit P/29. After investigation, the charge-sheet was filed which came up for trial before the trial Judge.
(3.) At the trial, the prosecution examined 12 witnesses and produced 43 documents. Accused were examined under Section 313, CrPC, and four documents were exhibited in defence.;