SHIV KUMAR SHARMA,J. - (1.) The appellants, three in number, have filed this appeal against the judgment dated February 21,2003 of the learned Additional Sessions Judge (Fast Track) Baran, whereby each appellant was convicted and sentenced under section 302/34 IPC to suffer imprisonment for life and fine of Rs. 100/-, in default to further suffer simple imprisonment for three months.
(2.) The prosecution story is woven like this: Babu Lal (since deceased) and informant Lal Chand PW16 were the friends. On April 22,2001 they proceeded from Kota and reached Mirzapur in the evening. Around 7.30 PM while they were passing through Mirzapur Market, Dinesh, Shambhu and Ramesh, cousin brothers of Babu Lal, met them. No sooner did Babu Lal asked about whereabouts of their father, they lost control and told Babu Lal that he wanted to grab the land. They inflicted blow with Dharia on the head of Babu Lal and Dinesh and Shambhu started causing injuries with lathis. Babu Lal was removed to the hospital where he was declared dead. Lal Chand submitted written report (Ex.Pl) to the Police Officer who was present at the Hospital at 11.30 PM. On that report a case was registered under Sections 302 and 34 I.P.C. and investigation commenced. Dead body was subjected to autopsy, necessary memos were drawn, statements of witnesses were recorded, appellants were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Baran. Charge under Sections 302 I.P.C. were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 32 witnesses. In the explanation under Section 313 Cr.P.C. the appellants claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.
(3.) Learned counsel for the appellants while assailing the impugned judgment took us through the material on record.;